Husband has applied for no fault divorce in California, USA. Would that be valid in India? Our marriage is registered in India. 1. If I go for mutual no fault divorce, will it be valid in India? If it is valid will I be able to contest it in India and how would the process be? 2. If I go for contested, will that be valid in India 3. If I do not even participate and a default judgement is given, would it be valid in India 4. will there be anyways he will be able to turn a contested case to a mutual one to make it valid in India? 5. If I go for a contested case and am able to get alimony from him, would that divorce become valid in India, since I have collected alimony from him
No fault divorce is not valid in India
2) if you participate in divorce proceedings and give your consent to divorce it would be valid in India
3) if you object to jurisdiction of US courts and do not participate in divorce proceedings it would not be valid in India
4) if you have collected alimony from husband in contested divorce proceedings it would be valid in India
A marriage registered in India and performed as per the hindu rites and rituals as per the hindu marriage act. The divorce can only be obtained in India on grounds given in the hindu marriage act.
Now if you you want to divorce her in USA that is possible if she agrees to divorce you in USA and accepts the jurisdiction of the USA district court.
The grounds available in the hindu marriage act can only be the grounds on which you should take divorce.
Otherwise at the time of execution of the decree there would be a problem.
Regards
A divorce by mutual consent is available in India.
If you do not participate in the divorce proceedings and do not come at all that means you haven't accepted the jurisdiction of the USA district court and hence that decree has no validity.
If you take alimony then that amounts to acceptance.
1. The ground of ' no fault' having not been a good ground for divorce in India the decree of divorce granted on this basis on abroad is not recognised by court in India.
2. Yes if your spouse has subjected herself to the jurisdiction of the USA court.
3. No
4. No
5. No
Yes it's valid in India if mutually taken.
If you haven't got proper hearing and Indian laws are not considered then it will not be valid in contested divorce.
That depends on whether you received summons or not. If received then it will be valid if not then not valid.
No he can turn contested to mutual
Yes it will be valid. If you collect alimony
Here in the USA, I would not be able to say that I do not want this divorce. If one applies for divorce here, it would be valid no matter, the other party agrees or not. I suppose, contested in India means opposing the divorce. Here contested would just mean that, you and you husband are not able to come to an agreement with either the settlement or child custody. Would that type of divorce decree be valid in India?
No, it would not be valid in India.
Divorce proceedings in which you have been made a party but have not attended and you haven't done anything to show that you were in any way related to the decree and settlement will not be valid in India.
1. See if it is a mutual divorce then in that case it will be valid in case he takes it ex-parte and you are not contesting it then you can contest it in India and it will not be valid.
2. See only if it is on grounds as mentioned under hindu marriage act or as per the act you are married then in that case it will be valid.
3. No it will not be valid in India.
4. See without your consent it cannot be mutual divorce so in that case he cannot unilaterally turn it.
5. See if you both agree and you accept the divorce then in that case it will be valid in India,
No fault divorce petition in US is just like petition of divorce by mutual consent in India. The divorce once taken from the US court is effective and valid in India. It can not be contested in India unless it is without the consent of one party. It means if both husband and wife seek divorce jointly then it can not be challenged by either party.
Then you can object to the said divorce decree in India stating that you were not given opportunity to object and contest the same in India on merits. You can further say that being no fault divorce Indian laws were not taken into consideration while passing order
No fault divorce decree would not be valid in India
2) if you participate in divorce Proceedings agree to receipt of x amount as settlement then it would be valid in India
Dear Concern,
Please note -
01. A marriage solemnized and thereafter registered in India can be annulled only in India. Unless your marriage has also been registered in USA as per the laws of USA your case shall not be entertained in USA. Reason -
(a) You are an Indian by citizen (I am presuming this on my own),
(b) Your marriage has been solemnized as per the Hindu Marriage Act (your query mentions that you are a Hindu) and thereafter registered in India. Hindu Marriage Act is an Indian law so only courts of India will have the rights to hear any case based on this law.
02. Now coming to the question of law of validity of foreign court decree (USA in this case) then any decree passed by any competent court of foreign country is valid in India if that -
(a) court was competent to hear the matter, and
(b) court has followed the due procedure of law of that country.
03. Even if you do not participate in the case and if the sub-clause (a) and (b) mentioned in point number 02 is getting fulfilled then also the decree is valid in India.
04. An order passed by any court is valid in India if that is competent and has followed due process of law be it mutual or contested.
Having said that, see the technical ground of whether your case can be entertained in USA or not. If yes, then participate in it rather than avoiding it as the final decree will be valid in India irrespective of the fact that you have participated in that or not. If no, take objection on it and compel your husband to file for Divorce in India as per the Indian law.
Dear madam
You can assail diovrce decree of foreign court in India, Invalid if passed without hearing you or granted divorce on grounds alien to Indian divorce grounds.
Dear Madam,
In the United States, the Federal Government does not have the authority to issue a divorce. The state has the only authority over issuing accepting a marriage, and issuing a divorce. This creates the question of which state can you get divorced in? All states have rules for jurisdiction, which is typically a time frame the person filing the divorce has lived in the state. Most states require the person filing for a divorce to be a physical resident of the state for six months. Some states require twelve months and some states, like Nevada, only require six weeks. Without proper jurisdiction a state cannot issue a divorce.
No fault divorce is not valid in India
If you two take mutual consent divorce in USA then the same will be valid in India
If the divorce is sought by your husband on the grounds as mentioned in the Hindu Marriage act and despite service of the notice you do not participate then the same will be valid in India
5. yes that divorce will be valid in India
contested in India also means that parties are not able to settle the issues amicably and accordingly court decides the issue
Husband has served divorce papers in the grounds of 'irreconcilable differences', so if I do not respond to it and a default judgment is given, it wont be not be valid in India, since reason is not part of Indian grounds right? One more question is, after getting the divorce degree here, what will be the process my husband will validate it in India? will I have a say in this validation? Will I be served with a notice so that I can contest it? I am just worried that he will validate it without my presence.
You can file a caveat in the said court so that you get a notice from the said court during validation. Yes your say is important and you can object. Also object the same in US too
Divorce decree would not be valid in India as it is not ground recognised by HMA
you have not participated in divorce proceedings
3) for validation of divorce decree husband has to file petition under section 7 of family court act
4) notice has to be issued to you
He cannot get divorce if you don't attend the court proceeding or you willfully avoid the hearing of court after you gets the notice but if some how he manage to get the notice served by hook or crook or forged your signatures then he can obtain divorce
Dear Madam,
- Every case has its own merits to contest and on different grounds the proceedings are managed.
- As per shared brief, you need not required to worry. Only have to contest well. Legal matters have many angles to present with better understanding. All depends how well the case was presented in your favour.
- Best remedy to file RCR U/s 09 of HMA 1955, it will help you to stop all proceedings for while until the final output doesn't come out.
Regards
Vivek Arya
Yes the divorce is not valid in India.
The husband has to file fresh suit to declare the divorCe valid in Indian court. Yes you shall be given notice.
And you can take objection in same.
Yes, it would not be valid, more so, if you do not respond or participate in the proceeding.
There is no way one can validate a decree passed in abroad in Indian court.
Do not respond any notice.
1. Yes. Mutual consent divorce decree by foreign Court is fully enforceable in India.
2. Contested divorce decree by foreign court is also valid in India as both the parties are submitting to the jurisdiction of the foreign Court.
3. Ex parte divorce decree by a foreign court is not valid in India.
4. He cannot do anything unless you agree for a mutual consent divorce, as the name suggests.
5. Yes.
In that case you should not appear before the courts in USA as they do not have jurisdiction to dissolve marriage which has been solemnised under the Indian marriage laws. Only Indian courts has jurisdiction. Foreign Court can only have jurisdiction when all the parties before it submit to its jurisdiction with their free will.
After getting ex parte decree from the court abroad, your husband cannot do anything to enforce it in India as it is not valid.
He cannot do anything to validate the exparte decree by a foreign Court in India.
Yes the divorce decree is inapplicable in India as long as you don't respond.
The decree has no operation. It is a nullity. File a complaint against him in India under various sections of the ipc and the domestic violence act. Also a case of fraud and cheating should be filed.
Regards
1. No fault divorce even if it is on mutual consent is not recognized as legally valid in India.
2. Contested divorce on the grounds that are accepted in India as per the respective law under which the marriage was solemnized shall be held as valid.
3. That's called as exparte divorce which is not valid in India.
4. His fraudulent activities cannot be predicted.
5. Yes since you have participated and accepted the verdict.
This form of forced divorce is not valid in India, you can challenge the same in India.
There is no provision in law to validate foreign country divorce in India .
In case he is filing a declaration suit to declare that divorce as valid you have to be impeded as a party and you will get summons or notice from court in this connection.
Then you can challenge him properly.
Right.
He will have to file petition in court to execute foreign court decree, which you can object. Notice will serve to you.
Dear Concern,
Please note -
01. Although irreconcilable differences/irretrievable breakdown is not a prescribed ground under Hindu Marriage Act 1955 to take divorce but it has been reiterated in number of judgments by the Supreme Court of India. If one wants to take divorce on this ground then they have the right to come to Supreme Court directly as per the orders laid by the Apex Court.
So this ground is not alien to Indian society and if someone is getting divorced on this ground in some other part of this world then that would be accepted in India.
02. After getting the divorce decree in USA all your husband is supposed to do is to file an Execution Petition (EP) for the enforcement of that judgment in India and that will be allowed. One do not get the right to contest EP on merit (on merit means court will not go into the details as to how and when and why this decree was allowed it will simply accept it).
So if you are not contesting the case over there in USA then that means you will be left no rights at all in India.
03. Default judgement is known as ex-parte judgement (a judgement passed in the absence of opposite party as he/she never came to contest the case despite calling for some time) in India and that is absolutely valid in India.
So if your husband is getting default judgement over there in USA and wish to enforce it over here in India then he has all rights to do that and courts of India will accept that.
I will once again suggest you to see as to whether you or your husband is eligible to bring a divorce decree in USA Courts or not. Hindu Marriage Act is a law of India, it can't be used in the courts of USA to take divorce and if your divorce is happening as per the laws of USA then see whether that law is applicable upon you or not. If that law is not applicable upon you because of any ground then contest it and defeat the petition of divorce filed by your husband.
It wont be valid in India
He will have to file a declaration suit to get the same validated