We reside in USA (both now USA citizens) for over 40 yrs/elderly couple (over 65 yrs) Hindu marriage in Kolkata 1969, holding Special Marriage Act registration marriage certificate (1979 required for some USA immigration), Husband (me) have a permanent residence in Kolkata visiting there every year, now living separately over two yrs deciding for legal divorce....if I (husband) files the divorce in Kolkata first...will it supersede and be considered as first petition to be resolved prior to any subsequent filings of divorce (by wife) in USA?...
Asked 3 years ago in Family Law from Kolkata, West Bengal
The divorce case can be filed on the basis of marriage solemnised the first time. Subsequently there would ave been reception during which the parties to marriage appear to be very fresh. Therefore the first marriage only will be recognised as legally valid marriage.
The detail about subsequent marriage at US will not have any concern to this.
1) if husband files for divorce in India and wife subsequently files for divorce in USA husband can obtain stay of the proceedings filed in USA
2) better option is for both parties to go in for divorce by mutual consent .it takes around 6 months to be disposed of
3) contested divorce petition in India may take around 5 years to be disposed of
1. If the husband does not participate in the divorce proceeding in USA then the decree even if passed in USA will not be valid.
2. There is no comparison between decree or divorce proceeding done in home country and the one done in foreign country.
3. So if husband is willing to file divorce suit in India then he need not bother about the divorce proceeding subsequently filed or already filed in USA.
File divorce petition in USA .If you file the petition in kolkatha then you must appear before court and proceed. Indian laws and US law are different So the case for superseding is not come under the purview of divorce.
1. If both of you are US citizens you can file for divorce in US.
2. If you file divorce in India it will be considered as the first petition but this will not stop your wife from filing divorce in US. Both the petitions will be decided separately by the courts.
3. It is desirable for you to file for divorce in US.
1. You both are now USA Citizen governed under the USA Law,
2. You both can file no fault divorce suit in USA and in that case 50% of your properties shall have to be given to her,
3. similarly both of you can file mutual consent divorce petition in India since you were married in India,
4. If you file a divorce suit against her in India, then certainly demand it to be resolved first in case she file a divorce suit subsequently,
5. However, contested divorce suit takes a long time like 2/3 years in india whereas mutual consent divorce petition os disposed of within 6 & 1/2 months of its filing.
...thanks all for your much thought of answers...will consider the next steps as needed...
Asked 3 years ago
Thanks for your appreciation
You are most welcome for your appreciations and the rating you have mentioned. You may please once again note that the first union between you both have began immediately after the marriage between you both were solemnised and did not wait until your subsequent fancy idea of getting it registered in the year 1979, therefore legally you can go for divorce based on the actual date of marriage i.e., 1969, any other idea or thought would render it invalid.
1. You are welcome,
2. Make sure to take legal advice before taking any further step in this regard.