• H1B visa holders (both) planning divorce

Hi,

I have a kid (born in USA) and have been living in USA for more than 7 years. I had married to my husband in India and after marriage, we shifted to USA for work purpose (we both are on H1B visa).

I am planning to divorce my husband as things are not working out. 

1. Is it ok if i get divorce filed in US only?
2. Do I need to file divorce in India too?
3. Do I need to come to India for any process or can I give power of attorney to my father?
4. How long is the process in India (if I need to file divorce in India)?
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

1) If you both are staying at US as of now can have divorce there, however only Mutual Consent Divorce done in Foreign country is valid in India.

2) No, Once you have filed Mutual Consent Divorce.

3) If you both are living there than no need to come see answer 1 & 2.

4) It will take at least 1-2 years approx.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. If both of you attend divorce proceedings in US and if the ground for obtaining divorce is one of the grounds recognised under the Hindu Marriage Act, then you can obtain divorce in US.

Practically it's not possible and only one option is if both of you agree for 'No fault divorce' and obtain a favourable decree, then it is equivalent to Mutual Consent Divorce under Hindu Marriage Act and will be recognised in India also.

2. After obtaining divorce from US as 'No fault divorce', then there is no need to obtain divorce again in India, if both parties have participated in divorce proceedings.

3. The best way is to file for divorce in India, either for MCD or contested divorce and you can give POA to your father and your physical presence will be required once or twice.

4. MCD requires 6 months cooling period (that may also be condoned) and contested divorce takes more time.

Shashidhar S. Sastry
Advocate, Bangalore
4173 Answers
258 Consultations

5.0 on 5.0

Both of you can file a divorce in USA . the decree awarded by the US courts are valid in india. However indian law does not permit ex-parte decree's. In order for the US divorce decree to be valid in india, both of you should have either contested the divorce or should have mutually consented to divorce in the US Court.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You can get divorced by mutual consent in USA

2) no need to file petition for divorce in India after obtaining divorce from USA

3) in alternative file for divorce in India .

4) you can execute POA in favour of your father

5) MCD takes 6 months

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Yes you may obtain mutual consent divorce in US.

2. No

3. No, you can mutually obtain the divorce in US.

4. Mutual consent divorce will take 6 months, and a contested divorce will take 1-2 years. and if you proceeds to take divorce in India, then you will have to appear before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

your child is a US citizen but you both are still Indians living in the USA. you were married in India as per the Hindu rites and rituals and hence the laws of India in general and the Hindu law, in particular, are still applicable upon both of you.

the Indian courts alone have jurisdiction in this matter and hence you have to come to India to divorce him. mutual consent divorce takes 6 months and in case of a contested divorce, it may take 1-2 years.

you can take divorce in the US only if the other party to accepts the jurisdiction of the US courts. if he does not respond to the summons and does not appear, you may get an ex-parte decree which is very easy there, but that would have no validity in India and you shall be married to him as per Indian laws.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. See if divorce is not mutual consent then the divorce has to be filed in India only as divorce granted by US court will not be valid in India.

2. You have to file divorce in India.

3. For evidence and your deposition you have to come to India or can take a permission from high court for skype or video conferencing for recording statement and cross examination.

4. 2-3 years in a contested divorce if husband contests if ex-parte it will take less time.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Divorce decree of US court valid, no need refile in India.

POA for any purpose valid.

If mutual divorce than 6 to 8 months. Contested will goes for years.

In US, equal partition of properties between spouse, no such right in India on husband property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As both of you are Indian citizen so any divorce petition finalized by the US Court should be ratified by the Indian Court you can provide power of attorney to any of your blood relative to follow up the case in Indian Court as you are already divorce then us code it may not take long in Indian food to allow your divorce but you know any case it may take at least one year

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. If the divorce is a contested or by mutual consent then it is legally valid in India.

You do not have to validate the same in India after getting a divorce decree in US but restricted to the above two forms of divorce and not an exparte divorce.

2. If the marriage was dissolved by a contested or mutual consent decree of divorce then you dont need to validate the same in India nor you have to file a fresh petition in India.

3. If you plan to file divorce in India itself then you may give POA deed to your father to represent you during your absence in the court of law.

You can make yourself present during the time of chief and cross examination alone.

4. If it is a contested divorce it may take three to four years to gt disposed

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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