• Married in india, Divorced in USA. Status in India?

I was married in India in1980. My husband moved to USA in 1992 and after he got his green card, he filed for divorce in USA in 1995. I did not want the divorce but he forced me after mental and physical abuse to consent. We have one 6-year-old daughter at the time of divorce. US courts did not rule on any property in India because they said USA does not have jurisdiction in India. Recently I learned that the Indian Supreme Court has ruled that divorce decree got in US is not valid. 
Does this mean US courts wrongly ruled on our marriage when we were both Indian Citizens with Indian Passport holders? 
1. What are my rights in this marriage as per Indian Laws?
2. What are our daughter's rights to her father's property in India?
Asked 2 months ago in Family Law from United States
Religion: Sikh

Dear Querist

if you were not present before the US Court during the divorce proceedings or you are not fight the case on merit or you were unable to appear before the US Court in your divorce proceedings than as per section 13 of CPC that divorce decree will not be valid in India but if both of you were there and participate in the divorce proceedings than that divorce will be valid.

 

1. being a divorce wife you have all the rights as a divorce wife has in India, like, maintenance(if you are unable to maintain yourself and the marriage was not dissolve by way of mutual consent).

2. if there is any ancestral property than your daughter shall have the right over that property but if the property or properties are the self acquired property and your husband is alive that nobody can claim any share in those properties.

 

Feel Free to Call

 

 

Nadeem Qureshi
Advocate, New Delhi
5359 Answers
259 Consultations

4.9 on 5.0

1) no fault divorce is not valid in India 

 

2) if you have given your consent divorce decree passed by USA courts are valid in india 

 

3) you can seek interim maintenance from husband for your self and child 

 

4) also seek alimony from husband 

 

5) daughter has no share in father self acquired property during his lifetime 

Ajay Sethi
Advocate, Mumbai
68064 Answers
4111 Consultations

5.0 on 5.0

Dear Madam,

If the properties are in India, Indian law would apply. Period
Also, you will have to get approved the divorce here in India.

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.

Netravathi Kalaskar
Advocate, Bengaluru
3526 Answers
17 Consultations

5.0 on 5.0

Dear,

       He filed but without your consent not valid in India.

       You can file case for maintenance for your self and for your daughter in Indian court only.

       She can't get any right in father's self earned property in his lifetime.

     

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

- You shall have to obtain the decree from Indian court pertain to enhoy all the rights.

- Also you may try to contest for other benefits ie alimony and maintenance however depends upon limitation of case.

- On base of Foreign divorce you will be able to attain the decree in India easlea

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
557 Answers
4 Consultations

5.0 on 5.0

Your daughter have all the rights as daughter for from the father and the USA divorce decree is not valid in India so you have to file the maintenance under section 125 crpc in Family court to get all.

You may contest the divorce as you have not received any alimony.

Vimlesh Prasad Mishra
Advocate, Lucknow
5577 Answers
19 Consultations

4.9 on 5.0

1.See after all those years challenging divorce shall be of no use instead you can seek right of maintenance. 

Daughter has right on the ancestral property and further in life of father daughter has no right in his self acquired property. 

Shubham Jhajharia
Advocate, Ahmedabad
20180 Answers
80 Consultations

5.0 on 5.0

You can file for maintenance and domestic violence in India . You can claim your rights of maintenance as well as child rights in india. You can file 125 crpc, domestic violence, maintenance from family court

Prashant Nayak
Advocate, Mumbai
13729 Answers
23 Consultations

4.6 on 5.0

US court decree you could have challenged but now it`s time barred. Limitation issue.

Wife has no right on husband property after divorce and only right to residence while in marriage.  But divorced wife entitle to maintenance if not remarried. 

Daughter can also claim maintenance, expanses for her marriage, education and other regular needs. No right on properties.


3 years.

Daughters have equal inheritance right in self acquired/inherited property of father but on his intestate demise and not in his life time.

Yogendra Singh Rajawat
Advocate, Jaipur
13950 Answers
18 Consultations

4.6 on 5.0

The divorce decree is valid if you consented to it. If you didn't then it is not enforceable.

As far as property is concerned tge terms of the decree shall be taken into consideration. If there is nothing then the property belongs to him. You may seek maintenance from him for yourself and your children.

Regards 

Rahul Mishra
Advocate, Lucknow
4732 Answers
11 Consultations

5.0 on 5.0

1. Right to Streedhan – A wife has ownership rights to all her streedhan, that is the gifts and money given to her before and after marriage. The ownership rights to streedhan belong to the wife, even if it is placed in the custody of her husband or her in-laws.

2. Right to residence – A wife has the right to reside in the matrimonial household where her husband resides, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house.

3. Right to a committed relationship – A Hindu husband cannot have an affair or marry another girl unless he is legally divorced. His wife also has the right to file for divorce on the grounds of his extra-marital relationship.

4. Right to live with dignity & self respect – A wife has the right to live her life with dignity and to have the same lifestyle that her husbands and in-laws have. She also has the right to be free of mental and physical torture.

5. Right to maintenance by husband – A wife is entitled to claim decent living standards & basic comforts of life by her husband as per his living standards.

6. Right to child maintenance – Husband and wife must provide for their minor child. If the wife is incapable of earning a living, the husband must provide financial support. If both the parents are financially incapable, then they can seek help from the grandparents to maintain the child. A minor child also has the right to seek partition in ancestral property.

Mohammed Mujeeb
Advocate, Hyderabad
11004 Answers
4 Consultations

4.5 on 5.0

Dear Madam

Divorve from US court is not valid in India only if it is uncontested divorve which is Ex-parte divorce.

But if the divorce is contested or mutual consent divorce then it is valid in India 

You have right to get maintenance from your husband and your daughter is also entitled to get maintenance from her father till her marriage.

Your daughter cannot claim self acquired property of her father if he will those properties to any other person but if he dies intestate then she can claim the property as legal heir of your husband.

But she can file claim for ancestral properties of her father. 

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

1. You have rightly heard that this kind of divorce in USA is not recognised as legally valid divorce.

As per Indian laws you can be considered as his his legally wedded wife till this date until he files a divorce case in India seeking dissolution of marriage on the grounds whatever he may rely upon  and gets divorce decree after contesting it.

 

2. Your daughter or you dont have any rights over his own and absolute property at least not during his lifetime.

 

T Kalaiselvan
Advocate, Vellore
57780 Answers
730 Consultations

5.0 on 5.0

1.  Decree of divorce passed by the foreign court on grounds  not acceptable by Indian law is not valid in India.

 

2. But in the instant case, you have consented for the divorce which satisfies the requirements for getting mutual consent divorce in India for which your husband can claim that it is a MCD availed throufg USA Court which is valid in India.

 

3. However, the said MCD decree obtained from USA Court is required to be validated by filing an application before the appropriate Indian District Court and if that has not yet been done by you or your husband, then the said divorce opf yours is not valid in India.

 

4. Based on the above, you can claim maintenance for you and your daughter by filing an application before the Indian Court as you are still considered as his wife as per Indian law.

 

5. Children will have no right on their parent's propertis till they are alive. Your daughyer will have equal right on her father's properties alongwith you, if you are declared as not divorced, after demise of her father.      


1. You are still considered as his wife as per Indian Law since the USA decree of divorce has not got validated by your husband through the appropriate  District Court in India.

 

2. Being his wife, you can claim all your dues ordinarily allowed to be provided by the Indian Law/Courts to married wives in India.

Krishna Kishore Ganguly
Advocate, Kolkata
22690 Answers
606 Consultations

5.0 on 5.0

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