Divorce filed in USA on the grounds mentioned in Hindu Marriage Act is valid in India subject to the condition that she participates in the Divorce failing which she can claim alimony in India.
Regards
Will US Divorce be valid in India
If i file for Divorce in USA, while my wife is in India will the divorce be valid in India. Will she be able to file for Divorce in India again and ask for alimony, how does it work? Bhanu
Asked 4 years ago in Family Law
Religion: Hindu
31 Answers
No fault divorce is not valid in India
2) if your wife participates in divorce proceedings and agrees for divorce it would be valid in India
US court divorce order will be not valid in India.
Only Mutual Consent Divorce performed in US court that will be valid in India.
So, you both of you better go for Mutual Consent Divorce and make first MOU between both of you and produce in the US court and get signed and sealed from court.
If you want MOU I can get it done for you.
1. If the decree is passed after giving adequate opportunity to her to contest the case then it is valid in India.
2. However, a decree of divorce, whether passed by a court within or beyond the territory of India, does not preclude the ex wife to claim maintenance.
- If both are the citizen of US, in that case, she can not file a fresh suit however she can file an application to obtain a decree to validate foreign court order.
- Incase both were on the work permit then you shall have to contest the case in India.
Regards
Vivek Arya
Case should be adjudicated as per Indian law. It would be then valid in India.
Your wife can file maintenance case at any time in India.
She can file divorce case India till foreign court order is approved as valid by Indian court.
If she is residing in India and unable to appear before US court then the divorce decree passed by the US court is not valid one in India. Therefore,She can file the divorce and maintenance case in case in India .
If she is appeared and contested the divorce case in US court then the decree passed by the US court is valid in India and she cannot file a fresh divorce case. But she can seek alimony in Indian court if the dispute of alimony was not pleaded or ordered in US court.
Uncontested decree of divorce by foreign court is not valid and enforceable in India.
After getting a decree of divorce from foreign Court your wife can file for divorce in India as foreign Court lacks jurisdiction to grant a decree of divorce which is an contested or exparte decree.
See uncontested divorce in US is not valid in India. She can file for divorce or restitution and can also ask for maintenance and alimony.
Only mutual divorce with consent of both take from foreign country is valid in India.
An exparte divorce granted in a foreign country for the marriage solemnised in India as per Indian rules, is not recognised as legally valid in India.
She may file a divorce case or not but your divorce case against her without she contesting it then it can be termed as an exparte divorce, which is not valid in India.
1. If obtaining divorce from USA, both husband and wife have to attend the proceedings and the ground for divorce has to be one of the grounds recognised under the Hindu Marriage Act. So it's nearly impossible, except for "No fault Divorce", which is on par with Mutual Consent Divorce under HMA.
2. If one of them abstains, then even if the court pronounces favourable exparte decree, it's not valid in India.
3. Even after your obtaining an exparte divorce decree in your favour, still your wife can file for divorce in India and ask for alimony.
Any diverse degree which is issued by the foreign soil is not valid in India until and unless it is rectified by the family court in India your wife can file divorce petition in India under the jurisdiction of her residential and can demand maintenance and alimony from you.
For rectifying any diverse degree issued by the foreign Court you have to file a diverse petition based on the degree allowed by different Court to rectify it if your wife is agreeing then you can file mutual divorce petition and you can pray in the court to waive off the cooling period required for filing divorce petition and divers maybe allowed by the family court
Dear Sir,
when an ex-parte decree is passed by a Foreign Court, it would not be valid and conclusive in India. divorce obtained on grounds other than the grounds enumerated under the Hindu Marriage Act if the parties were married under Hindu Law, as a divorce matter is governed by the law under which one gets married and not the law of the land where the party is residing.
It is a general rule that if one of the partners/ couple/party contests divorce filed in Foreign Court it would be said that he/she consented/ accepted to the jurisdiction of that Court, in such a case the decree would be considered to be a conclusive or valid one.
Where the wife consents to the grant of the relief by the foreign Court although the jurisdiction of the foreign Court is not in accordance with the provisions of the Matrimonial Law/ Private and Personal or International Laws of the parties, to be valid and the judgment of such foreign Court to be conclusive.
No,
Yes.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted , then it will be valid and binding in India.
- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- Further, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.
- Ex-parte means , One party divorce.
- Hence, if you will file a Divorce case in USA, while your wife is in India , then the decree granted by the USA court will be considered as uncontested , and hence it will be not valid in India.
- Further, she will be able to file Divorce case in India , and can ask for alimony from you.
- Better to settle the matter of dispute with her , and take her consent for a mutual divorce in India.
- You can get divorce decree from India on the Mutual ground , without coming to India , after executing POA in your favour as well .
Good luck and dont forget to rating Postively.
it should be a mutual consent divorce if it has to be valid in India.
ex parte(uncontested divorce) of overseas courts are not valid in India.
No Ex-parte divorce from US court will not be considered valid in India.
Yes she can file divorce and maintenance case in India against you.
1. The decree of divorce if passed by US Court against application filed on grounds not acceptable by Indian law, will not be acceptable by Indian courts.
2. Your wife can file divorce suit and can file maintenance petition in India or can simply file maintenance petition in India while continuing to stay as your wife as per law.
If she attends the proceedings in the US then the divorce is valid and enforceable but if she refuses to participate or does not show any interest then that decree is useless and she can again file a divorce petition in India.
Regards
If the said divorce is not validated in Indian court then it is not valid in India. She will file divorce again.
On Nov 26th my wife complained in police station, two days later she filed 498A. Few days back my father was informed by SI that a look out notice was issued for me. I would like to know if I could take anticipatory bail in advance, if yes, for how long would it be valid, how do I approach about it? What would be the course of action by the police if I have to go to India in unavoidable situation. What can the Indian law do to me as I’m A1 in 498A case, will be able to come back to Us.
Asked 4 years ago
You have to apply for Anticipatory bail from sessions court
your personal presence is necessary during hearing of AB
3)you can with court permission travel abroad for work purposes
4)
You have to apply to trial court for cancellation of LOC
5) The Delhi High Court has held a
look-out circular and Red Corner Notice issued by
investigating agencies or Interpol against any person, accused
of any offence, can be cancelled by Metropolitan Magistrate
court.
"Look-out circular can be withdrawn by the authority that
issued and can also be rescinded by the trial court where case
is pending or having jurisdiction over concerned police
station on an application by the person concerned
See for anticipatory bail you have to come to India first.The police may arrest you , then you gave seek regular bail and court may impose travel ban upon you pending case. You can leave country only by permission of court then.
Yes an anticipatory bail should be taken. Yes you can come back subject to certain conditions like remaining present in the court and not absconding etc. File it in the district court. Engage a lawyer.
It is highly unlikely that a lookout circular has been issued against you. The cop is trying to threaten you to settle with her. Ask him to produce the look out circular.
You can apply for anticipatory bail in India before FIR is registered against you.
it needs to be ascertained whether look out circular is actually should against you before you visit India. If look out circular is issued, you will be arrested on site at the airport itself. If the immigration officers of a country have Lookout Circular against any absconding offender then the absconding person can be nabbed by the officer, but the bright side is that Lookout circular is not issued so fast. As the was lodged in Nov only, in all likelihood the cop is lying.
It will not be possible for the police to open look out notice immediately after registering the FIR, hence ther is something fishy in this.
The SI may be upto some mischief.
In my opinion, you do not have to be worried about it neither you try to obtain AB.
In the grant of AB the court may ask to deposit the passport which will ruin your future and you may not be able to return to US again, hence better consult a local lawyer and decide.
The person against whom LOC is issued must join investigation by appearing before i.o. Or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was
wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial Court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.
Yes , application will file AB by advocate before sesson or HC.
Once AB granted no arrest.
Police will send notice, if not apper than only arrest will happen.
No look out notice issued. Police is faking.
1. Has FIR been registered against you based on her complaint? Has the SI given the FIR no. to your father?
2. How come look out corner notice can be issued against you so fast without Court order? SI seems to be creating panic on your father. Moreover, as per Supreme court order, no arrest can be made by the police without conducting investigation about the complaint. At first you shall be issued a notice to appear before the IO to cooperate with him for investigating the matter.
3. Anticipatory Bail can be availed only after FIR is registered since you shall have to mention the FIR no. and name of the police station where it has been registered in the AB application.
4. First of all find out whether any FIR has been registered against you or not.
5.if registered then collect the FIR No. , apply for and avail anticipatory bail and contest the case fittingly.
6. While attending the case, your lawyer shall have to file an application praying for leave for your returning to US where you are employed to earn your livelihood assuring that you shall appear before the Court whenever felt necessary against 3 months notice. it is the usual process.
There is no validity period for ABA. It's valid till Tuesday FIR is registered against you. If not registered it will be valid for life
1. If FIR has been filed then apply for anticipatory bail immediately.
2. AB is valid throughout the trial, but you have to apply for regular bail after filing of chargesheet.
3. If you do not have the protection of AB then police will be free to arrest you.
4. You can go back to US with the permission of the court.
Dear Sir,
File a divorce petition in the place where you currently reside (provided you are eligible to file a petition based on the local laws). Get anticipatory bail or bail depending on the current situation for your parents in India. After you obtain your divorce get it legalized in India. If your false 498a case does not get quashed easily file counter cases against her for forgery and defamation etc to make your case stronger and for a possible quick settlement.