• Divorce case

Mr hardeep singh was married satinder kaur on 17.2.13.After few days they gone back to usa.satinder kaur was citizen of usa and hardeep was on h1 visa. After three years hardeep filed a divorce case in their jurisdiction court due to their personal reasons .When the court send summons to jatinder kaur she refused to receive summons two times and she came back to india filed a fir against the hardeep and his mother father.after court declared hardeep singh a po .This was challenged in high court.in the mean time court in usa allowed the divorce.and divide thir property between them .She fight the case fully and received the money awarded by court.now in india trial court is adamant to chare against the parents under new instructions of sup court that if six months lapes.what should we do now
Asked 4 years ago in Family Law
Religion: Sikh

3 answers received in 10 minutes.

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6 Answers

Hello,

If the HC granted you stay, which is to be expired due to recent order of the SC then ask your lawyer to file an application for extension of the stay order.

Divorce in USA will not ipso facto make the proceedings in India vitiated.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In India the quashing petition has to be filed to quash the FIR if already done and chargesheet is filed file a discharge application before the trial court.

Further the divorce granted in US is not valid in India if not on ground mentioned in Hindu marriage act or mutual consent so in file for divorce in India

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

it is difficult to clarify and advise you correctly.

Please post your query clearly.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) your divorce decree is valid in India

2) as far as criminal case is concerned file for discharge before trial court

3) in alternative file for quashing in HC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear client,

Act committed out of india, indian courts has no jurisdiction to trail of such offences.

You should apply for quash of FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. From your query it is not clear as to who are you representing to answer 'what should we do now?'.

2. However, the decree of divorce passed by the USA Court is not valid in India. The husband herein shall have to file a divorce suit in India on acceptable ground like cruelty.

4. The husband and his family members shall have to contest the cases filed by the wife in India fittingly by engaing a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

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