I got married on DEC 2014 and the moved to USA. My wife was on dependent VISA and now she moved to Student VISA. During June 2018, After coming back to Indian she filled 498a & FIR against me ( after mediation cell & Family court). I came to the USA for my job and after 1 week she also moved to the USA and staying in Hostel. She also filled a divorce case against me under "irrevertiable condition" in USA asking 50/50 of all married assets and restraint order over all asset till it’s finalized. I will talk to Attorney here, but will that acceptable in India? What If I need to pay hughe amount to her? What could be the options for me?
Hello,
Yes if the same is taken on mutual consent then only the same will be applicable in India.
A divorce taken by her on the ground of 'irrevertiable condition' will not be valid in India.
In India only those divorce will be valid that are taken on the grounds as mentioned in the Hindu Marriage Act.
I would advise you to settle the matter mutually on USA and on the basis of the same get the FIR quashed in India.
regards
The divorce on the ground irretrievable condition is not accepted in India as it is not valid ground of divorce in India. even if it contested by you then also the divorce is not valid in India, i would further suggest donot contest the divorce filed by your wife in US just leave it. it cannot be enforced in India. further if your contesting it raise a jurisdiction plea before US court and raise a ground that wife forum shopping for money.
also it is better if you donot contest it see though by court order asset in US can be divided but decree of US court wont be valid for assets in India.
Your question pertains to the legal sanctity and enforceability of a divorce decree of a U.S. court in India if I am not wrong. Please do correct me in case I am.
Such a decree of divorce is per se not valid in India—at least not until it has been tested on the touchstone of Section 13 of the CPC. The long and short of it is that the Court there is not one of competent jurisdiction for the purposes of the Hindu Marriage Act and “irretrievable breakdown” not a valid ground of divorce, and for these reasons any divorce decree by a U.S. court isn’t valid in India.
But if both parties to the marriage voluntarily submit themselves to the jurisdiction of a foreign court for the purpose of divorce, neither can come to India and say that the foreign court did not have jurisdiction. In that case, a decree will be held to be valid.
All said, a decree of a U.S. court cannot be executed as is in India. You will have to bring a suit based on that decree in what is a rather roundabout manner of getting Indian courts to recognise it.
Further questions are welcome.
hello
you are a Hindu who got married in India as per Hindu rites and rituals under the HMA. you may be an Indian/US citizen. your wife is an Indian citizen. therefore, don't get intimidated by her cases filed in US courts. US courts have no jurisdiction in this matter. they only have jurisdiction if you bow down an accept their jurisdiction.
the 498A FIR must be pending in India, so file an arrest stay petition against it detailing the sequence of events and praying for quashing of the FIR. state this ( filing of the case in the US too)also in the petition.
therefore, file a petition before the HC. contest the case in India. she has no jurisdiction there. file a divorce case in India on grounds of fraud, cheating and filing multiple petitions in order to intimidate you.
regards
You can object to jurisdiction of US courts as marriage solemnised in India and divorce can only be given on grounds recognised by HMA
2) irreveitable breakdown of marriage is not recognised under HMA
3) file petition for RCR in India seek stay of divorce proceedings in in USA courts
1) If you both go as per mutual divorce in USA that is acceptable in India, otherwise not whole proceedings you have to follow from start to end here in India.
1. The divorce decree granted by a foreign court is valid in India if the same was passed after granting due opportunity to the other spouse to contest it. The courts in India do not interfere with a foreign decree if principles of natural justice were followed.
2. After the grant of decree of divorce by foreign court you will be free to remarry in India.
3, Under the Indian law there is no provision which enables a wife to seek any share in the assets of husband. Her only right is to claim maintenance.
4. If the marriage was conducted in India but the spouses cohabited outside India then courts in India do not have the jurisdiction to try the offence under 498A. Hence, you may file a petition for quashing of FIR in the High Court.
The divorce in US should be ratified in the Indian Court on a petition from both the side
Hi Ajay, Can you please elaborate over "file petition for RCR in India seek stay of divorce proceedings in in USA court". What it's and how to do it ?
By filing RCR i.e., restitution of conjugal right petition you can show to the court that you want to live with her but she has left your company.
It willbe difficult to get stay on divorce proceedings on the basis of RCR petition.
Regards
If it is a dissolution of marriage by a decree of divorce on the grounds of mutual consent or by a contested ground, then it will be treated as valid divorce as per Indian laws.
The alimony aspects can be decided in the US divorce decree itself by drawing a post nuptial agreement.
RCR means restitution of conjugal rights case under section 9 of HMA
2) in said petition you should seek stay of divorce proceedings in USA as marriage solemnised in India and divorce can only on grounds recognised by HMA
No court in India can stay the proceedings pending before a court outside India.
the Indian courts have no authority or jurisdiction to stay the [proceedings in the US courts. instead, you should file a case in India u/s 9 of the HMA. wherein the court calls the spouse and asks whether he/she has sufficient cause for desertion. if he/she is not able to satisfactorily answer, then the court orders that the spouse who has deserted the other should go back to her matrimonial home.
regards
1. The decree passed by foreign court is not acceptable by Indian courts unless the application has been filed on acceptable grounds like mutual consent divorce wherein both the parties attended the Court hearings.
2.As per Indian law,she will not be able to claim any share on your property during your life time and can only seek order from the court for paying maintenance to her by you.
3. She has not yet filed the maintenance petition which you can expect her to file now.
4. The USA Court also will not pass any order on your assets lying in India which is beyond the jurisdiction of USA Court.
5. You and all the accused in the FIR registered based on her complaint u/s498A of IPC shall have to avail anticipatory bail and then contest the case fittingly.
6. You can also file a divorce sit against her in India on the ground of cruelty.
1. It think that no court Indian or Foreign will pass any order restraining the other side in seeking remedy/relief by following due process of law.
2. So, she can not be restrained from filing a divorce petition and seeking divorce from you any Court of law, in the RCR petition proposed to be filed by you.
3. I feel that filing of RCR is wastage of money only since even after being directed to join you by the Court, your wife can refuse to return to you and in that case your only benefit is that you shall get a good ground to file divorce suit against her but the RCR case will take around long 4 years to be disposed of.
RCR is restitution of conjugal right which mean praying before court to reinstate your married life to make such order. It is file under section 9 of hindu marriage act in family.court of.jurisdiction where marriage took place.
Dear Client,
If divorce contested in USA and given on merit than binding in India. but ground (irrevertiable condition) opted by her if alien to Indian Law. And same can be assail in India and will set aside by court.
