For execution of foreign court decree, separate suit will file in India. Limitation is 3 years.
Hi, I got divorce from my husband in USA on May 6. All the issues were resolved except with the properties that is present in India. In order to enforce or appeal to the foreign divorce and file suit for distribution of property, is there any time limit?
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Since the remedy for a judgment holder from a non-reciprocating territory is to file a civil suit before the competent court in India, under the Limitation Act, judgment holders must file a suit within three years of the date of the foreign judgment or decree.
See you cannot file directly for execution you have to file a civil suit on this decree. The limitation period on same shall apply that is of three years.
Well, I an not sure about such law prevalent tin USA and hence for this you need to consult a lawyer there.
In India wife has no share in property of husband and she has only right of maintenance. However in that event you need to dispute the same consent divorce you agreed to in USA.
As the said divorce is decreed out side India. There is no such specific limitation fir the same. But it will be good if you start the proceedings asap
1. the said decree of divorce passed by the foreign court (which is not a mutual consent divorce ) is not valid in India.
2. You shall have to file a divorce suit in Infdia on acceptable ground like cruelty.
3. It will be prudent on your part to negotiate with him to jointly file a mutual consent divorce petition in India on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.
The time limit to file such a law suit in India is within three years of the date of the foreign judgement.
If the properties are ordered to be distributed as per the judgment and the same was not complied by your husband then you can file an execution petition in India based on the decree passed by a foreign court in this regards.
There is a time limit of 12 years for this.
Since US court didn’t have jurisdiction on Indian property, they have asked to appeal in Indian court for relief. This property was bought in India after 2.5 years of marriage where my contribution was also there. It was bought in the name of my husband and as soon as he filed for divorce in US court, he wrote the property to his mother in the form of settlement deed. He hasn’t supported me or the child born out of marriage in any form. I’m raising the child as a single mother on my own. And he prevented me and the child to travel to India at all because of the shared legal custody. What kind of relief can I seek from Indian court?
You can file case under domestic violence act and claim residence rights in the property. You can also file 125 crpc application for seeking maintenance for you and your child. You can contact me through telephonic consultation for detailed action.
1) you can file application in family court seek maintenance for your self and your child
2) also file suit to claim your share in property and for setting aside gift deed executed by your ex husband
See you can file for declaration before the civil court stating that you have paid for the consideration seeking declaration of co-ownership over the property.
You can file case under PWDV Act wherein your child would be granted with monthly maintenance @ 25% of his income.
You can claim damages and compensation as well.
If the property was on his name then as per Indian law nobody has any rights over it.
You cannot claim any share in it even on behalf of your child.
However you may claim maintenance for your child.
You will have to file a suit for declaration, injunction and cancellation of settlement deed in civil Court where in you would have to prove your contribution made towards the sale proceeds in buying the property by way of documentary evidence.
If you are able to do so, court will grant you a decree granting you your sharing the property according to the contribution made in buying
A decree on divorce issued by a foreign court has to be filed for execution in India.fir execution there is no such limit.
Regards
Property situated in India is subject to Indian laws and hence a settlement can only be arrived at in India. The Indian courts may distribute the property as per the decree if you both are ready for it.
Regards
The property was in the name of the husband although youbslso paid for it. Now the property belongs to the person in whose name it has been registered.
you can file execution in India only and the limitation is 12 years,
file maintenance case against husband on your and kid's behalf, if not required, file for maintaining pressure,
you do not have any rights in property but as you had also made payments, therefore, you can claim your share in the property and I advise you to file suit for declaration, injunction and to set aside the sale deed/settlement deed in civil court,
Have to file declaration suit to claim ownership acc. to % of contribution made in purchase of property.
You shall have to file a declaratory suit in India praying for a declaration that you are also a share holder pf the said property because of your contribution for buying it and also praying for cancellation of the settelement deed your husband has registered in favour of his mother.
Dear client
The foreign judgment will not effect the partition of property present in India as the Immovable property is governed by jurisdiction of the law of country it is present in.
The relief Indian law can give you is permanent maintenance for you and your child under section 125 CrPC