• Divorce for wife from her husband who got married in India and now both reside in USA

We got married in India about nine years back and now want to get divorced and both are in USA living two different states. Wife wants but husband may not go for mutual divorce
Asked 6 years ago in Family Law
Religion: Hindu

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18 Answers

wife should file for divorce in India on grounds of mental cruelty as marriage was solemnised in India 

 

2) no fault divorce granted by US courts would not be valid in India 

 

3) burden of proof is upon wife to prove allegations made in divorce petition 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

See if husband is not agreeing for mutual divorce then filing divorce in USA is of no use instead then wife can file contested divorce before the Indian court. In case it is mutual divorce then they both can obtain it from US and it is valid. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can execute POA in favour of parents 

 

however personal presence would be necessary during trial 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

See wife can send a power of attorney to her parents to file and sign divorce petition on her behalf based on POA parents may file the petition. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Either of them can file divorce in US. If even one spouse files a petition for divorce the courts in US will dissolve the marriage.

2. Parents have no locus to file divorce petition in India except if they have a GPA executed in their favour.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Then the wife shall file a divorce on the grounds available in the Hindu Marriage Act

She may also file a no fault divorce but the same is not valid in India. 

If both the parties do not intend to come to India in future then the same can be filed. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

For filing divorce in India, presence of the party is required. With the leave of the court only the POA can appear on behalf of the parties 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes they can file with the POA of wife. The procedure is the same like filing of divorce petition and then counselling and other states depending on application of the wife about maintenance etc from you. 

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

Wife can file for divorce from India court. Need valid reason for divorce and can apply in city which she lives in the India.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If both are not ready for divorce then divorce cannot be valid in USA as the marriage was solemnnised in India.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

They can file but the wife has to be present in India. Tge divorce petition must be filed where the marriage was solemnnised in a family court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Wife can file divorce on the ground of mental creulty in India 

Mohammed Mujeeb
Advocate, Hyderabad
19374 Answers
32 Consultations

Filing Divorce on the basis of Power of Attorney is allowed by Hon'ble Supreme Court of India.

Mohammed Mujeeb
Advocate, Hyderabad
19374 Answers
32 Consultations

1. Wife should file divorce petition in her state and send notice to her husband for divorce hearing. 

2. If he doesn't appear then you will get Ex-parte divorce but it will not be valid in India but if he appears then you will get contested divorce then it will be valid divorce.

3. If he doesn't appear in court of US then divorce petition can be filed in India but for that she have to send POA to her parents but she may have to go to India for purpose of filing divorce and evidence. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

What is your question.

If either of the person is not agreeing for mutual consent divorce then the party desirous of taking divorce can file a contested divorce on the grounds which it may rely upon.

Consult an advocate in the local and proceed on the advise received for filing the contested divorce.

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

Wife's parents are not party to the marriage. Only wife can file a divorce case in India, if she is not able to come to India for filing this cae then she may give a POA deed to her mother to conduct the case in her absence.

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

Dear Sir,

Please find a qualified professional in the place of your residence who can give you legal advice. Where you can get a divorce depends on several factors, including where you live and how long you’ve been living there.

The fact that you’ve been separated from your spouse for more than a year could be helpful, or it could be irrelevant, depending on the jurisdiction. To be safe, make sure you’re documenting this separation as clearly and extensively as you can.

The fact that your spouse is not ready to divorce you may or may not be relevant, depending on the jurisdiction. If it were up to me, family law around the world would not give the other spouse veto power over whether the divorce can proceed, there would be no time limits (unless we’re talking annulment), no requirement to have been separated, and no arguing over grounds for divorce. But that’s not universal reality, so you’ll need professional advice tailored to your specific situation.

Finally, given that you seem to be in an international marriage, if you as an individual have the patience and ability to move to a different jurisdiction and establish residence there, you may have the option to pick a location that is best suited to your situation.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear sir/madam

The divorce decree's passed by abroad courts is valid only when both spouses surrender before that court . Your parents cannot file divorce petition before Indian Courts on your behalf. However you can file and get an ex-parte decree from Indian Court if your husband does not turn up .

Kishan Dutt Kalaskar
Advocate, Bangalore
6245 Answers
501 Consultations

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