• Husband

Hi sir.iam indian girl amf married us person.he is having affair with other girl.now he is asking me divorce in houston .iam asking him divorce in india . Actually imarried him in indian.iam her second wife to him.now where ihave to give divorce. And on papers what ihave to tell him to write on divorce papers. Give suggestion for this..he is doing marriage in December and coming with divorce papers of us country.what ihave to do..
Asked 6 months ago in Family Law from Hyderabad, Telangana
Religion: Christian

Hello,

if he has married you during the subsistence of the marriage then in that case your marriage is null and void. 
you will have to file a suit for annulment of the marriage in India.

Please share the facts in detail for a more concrete advise.

 

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Without divorce second marriage is void. In India, divorce will take time. In US even if you not cooperated, US court will grant divorce.

He is US citizen, not answerable to Indian Law, until he have properties in India. If you will agree for diovrce In US, you are entitle to his half properties which includes all earnings during marriage and everything acquired with those earnings.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

you can file for divorce by mutual consent in India 

 

2)no fault divorce is not valid in India 

 

3) since marriage was solemnised in india divorce has to be on grounds recognized by SMA ( i presume marriage was solemnised under special marriage act as it is between indian and foreigner) 

 

4) seek alimony from husband 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Hello Madam, If you are in India and not in a position to go US, you can approach Indian court for divorce and also can seek maintenance from him. If you are not a working women then don’t give consent to divorce without receiving maintenance.

If you are staying in US, then both of you can approach US court for divorce. Don’t forget that claiming maintenance  is your lawful right.

Selva Perumal
Advocate, Chennai
311 Answers
34 Consultations

4.9 on 5.0

1. You may apply for divorce either in India or US. The decree of US court to dissolve the marriage will also be valid in India if principles of natural justice are followed.

2. If he is coming to India then better file for mutual consent divorce in India.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

Dear Sir,

Yes, you can give him divorce in India only as you have married him in India.

Divorce by Mutual Consent is the fastest, cheapest and most stress free way of getting Divorce in India. It can take between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

After filing the Joint Petition (First Motion), get their statement recorded on oath, then the court grants 6 months to couple to reconcile or reconsider their decision which is know as cooling-off period.

If both parties are not able to reconcile their differences within 6 months, they are required second motion after 6 months but, it has to be before the period of 18 months, the Court will hear both parties. The Court, on being satisfied and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

See if it is mutual divorce then you both can take divorce in US but it is better you file for divorce in India, also you can claim one time alimony from him.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

Don't give divorce easily to him. Get lumpsum amount from him for life time maintenance and alimony.

 

If he is asking you to sign divorce papers in Houston than go for Mutual Consent Divorce that is valid in India too.

 

Direct court order from Houston court that will be not legally accepted in India only Mutual Consent Divorce are accepted.

 

So ask him to file divorce in India and file for lumpsum maintenance amount.

Ganesh Kadam
Advocate, Pune
9590 Answers
80 Consultations

4.9 on 5.0

Since your marriage was solemnised as per Indian laws, it would be better that you get dissolved your marriage as per Indian laws instead of accepting the US divorce which would be invalid and not recognised in India in case of any dispute ion that regard in future.

You can ask him to be present before Indian court to file a mutual consent divorce jointly.

This would be an easy way out.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

If you are his second wife your marriage is void. You can go for annulment of marriage rather than divorce. You need to file the same in jurisdiction where you got married

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

Divorce for Christians in India is provided for under the Divorce Act, 1869. Section 10 A of the Act gives the provision for dissolution of marriage by mutual consent. A petition for mutual divorce can be presented by both the parties to the appropriate district court and you can claim one time alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

You can give him divorce in US if you have last resides with him in US.

And if you don't want to divorce him through US court then file a divorce petition here in India.

Mohit Kapoor
Advocate, Rohtak
7885 Answers
2 Consultations

5.0 on 5.0

Dear Querist

If you are also willing for divorce than execute an agreement of mutual consent divorce with him and mention all the terms and conditions regarding the divorce and also discuss about the maintenance, alimony or other things as per your circumstances and if he is ready to accept those conditions than file the divorce in India or in USA there is no difference. the divorce Granted by the USA court will also be valid if the divorce is granted by USA court based on Mutual Consent and all the past present and future dispute has been settled.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5559 Answers
264 Consultations

4.9 on 5.0

 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. 

- Furtner, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court. Ex-parte means , One party divorce. 

- Since your marriage was solemnised as per Indian laws, it would be better that you get dissolved your marriage as per Indian laws.

- You should ask him to file a petition for Mutual divorce in India . It will not take long time to get decree from the court. 

- Further, after executing POA in favour of any relative in India , Decree can be obtained as well. 

 

Good luck and dont forget to rating Postively.

Mohammed Shahzad
Advocate, Delhi
2488 Answers
33 Consultations

5.0 on 5.0

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