Dear Sir/Madam My divorce case is pending in USA courts for the past 2 years without end in Sight. We both are Indian citizens and marriage is registered as per Hindu act in india. Wife moved to USA only in 2015 Sep and has been living on Work visa. I moved in JAn 2016 and returned back to Singapore in March 2018. I dont live in US anymore. She filed for divorce in April 2017. The wife and her US counsel have been delaying the case filing plea after plea asking my 10 year pay stubs, bank statements etc etc dragging the case When divorce was filed in US, i was working in the US and did not contest the divorce Child custody, Child support have been finalized. Asset/Liability allocation is pending. I am looking for a early closure on the case and move on.
As you placed a query for a matter pending in US, i wonder how a counsel from india could be of help !
If both agree to submit to court in chennai the matter may be settled amicably.
If you wish to talk my number is available in google .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
If you're looking for a quick divorce, you should convince your wife to go in for mutual consent divorce which is the easiest and fastest way to get a decree of divorce.
Also, your case in the US Court is on the verge of finality, but it is not valid and enforceable in India as uncontested or exparte divorce decree by foreign court do not hold any value in the eyes of law in India, in cases of marriage solemnised under Indian Marriage Acts.
You can get a decree of divorce within two months in India as a Supreme Court has held that the cooling off period of 6 months between the two motions of mutual consent divorce and be waived off by way of an application and showing probable cause.
See in case you both the closure of the case you can give you consent for mutual divorce in US. Or you and your wife can wife file for mutual divorce in India.
The uncontested divorce in US is not valid in India and cannot be enforced. Therefore it would be better you both either go for mutual divorce in India or US.
It is good that you have filed the divorce suit in USA and your wife is also contesting the said suit.
Disposal of such suit is most expeditious in USA than in India. In India the contested divorce suit takes decades of time.
So have patience. The case nearing to an end and will end soon.
Since you have explored legal recourse you have only option to wait for its logical conclusion.
Good luck.
Dear Sir,
- Though the case is pending in Foreign court, you can not get any relief from Indian court.
- Only way to get out as per standard norms are to submit your petition at USA for earliest disposal reference to your residence in other country.
- Beside, you can convince your wife for mutual divorce and earliest closure to case.
- Advisable to hire any attorney from USA Bar to help you for further negotiations with your wife.
- Filing petition in India shall not help you anyway until both parties are not available in India.
Regards
Vivek Arya
You can file an application for a speedy process in the said court. 2 years is a big time in US court. The said application of allowed will be fruitful to you.
You have to wait fir disposal of your divorce case in USA
2) oppose application made by spouse for further documents
3) seek imposition of costs on spouse for adjournments
If you don't want to continue the case in the USA then there is a solution. You should file an application before the USA court or give a notice to the opposite party stating that USA district court does not have th he jurisdiction to try a case of Indian citizens who are married in India.
Dint go there and doent attention the proceedings there.
Even if she obtains a decree that is useless and cannot be enforced in India.
Regards
This can be expedited only by the lawyer appearing for you and your wife in US. Request you lawyer for an expedited hearing so that the matter be disposed off expeditiously. If you both were ready for divorce, one option for you was to apply for a mutual consnet divorce in India. The process take about -7months
Thank you all. The issue seems to be money motivated. She wants to review my entire list of earnings in the last 10+ years and claim on those monies which i have given to my parents for support. She is using the US law to her advantage. Otherwise this is a non-contested divorce and the child support and custody has already been taken case (though the child has been completely alienated from me!
Foreign divorce decree is valid in India as much as the Indian divorce decree on two conditions, firstly, if both parties to marriage/divorce agree to its validity and do not challenge it in the Indian court under section 13 of the Civil Procedure Code and secondly, if both parties participated in divorce proceedings in foreign court for divorce by mutual divorce as they would have done in Indian court.
Any uncontested order she gets from foreign court, would not be enforceable or legally binding on you.
So, there is no need to worry at all.
See US court cannot enforce its order on you if you are outside US, the court order of US on divorce shall not be valid as it is not contested.
your wife cannot claim money given by you to your parents out of your earnings
You dont have to worry she will not succeed in her malafide intention.
In USA the wife is entitled to half of the assets of husband.
In India wife has no right on property of husband.
So you can still make a choice as regards the place of suing.
Alright. Request your US lawyer to tactfully tackle this.
If you do not participate in the US divorce process then the US court will pass an exparte decree of divorce. This type of divorce is not recognised as legally valid in India, hence you may not be concerned about it.
You can file a contested divorce in India, let she appear, if not you can get an exparte divorce in India which will be valid.
Instead of depending on her, you may take a new route to tackle this problem at ease.
The exparte divorce and the decree cannot be enforced in India neither the decree regarding the claim amount can be executed in India, hence you need not be worried, however you remain silent without participating in the US divorce case, this will make sure that you dont stand losing even a single pie.
You dont respond to their notices to furnish the income details of past 10 years, let them take any decision which is not binding as per Indian laws.
Dear Sir,
For immovable properties located in India, the local laws (of India) will apply and not the US laws. A decree of a US forum on immovable properties held in India, decided according to the property laws of a foreign jurisdiction would be unenforceable in India. If the US court undertakes a division of property, it will have to decide the division of property according to prevailing municipal laws in India after taking care of the 'Conflict of Laws' rules.
As for the divorce, it's recognition in an Indian court depends on many factors. If the marriage was subject to the Hindu Marriage Act or the Special Marriage Act, and if the partners are domiciled in India - a divorce decree granted by a US court applying their personal laws might not be recognized as a valid divorce by an Indian court - for the purpose of division of assets. For the recognition of the decree obtained by the partners domiciled in India, the divorce should have been granted for grounds which are recognized as valid grounds of divorce under the requisite personal laws in India.
