• US citizen married to Indian citizen wants legal advice on divorce

I am a US citizen of Indian origin who got divorced three years ago in the US. Both me and my ex were US citizens at the time and got a mutually consensual divorce. Our marriage was in India though and we never got a divorce in India. 
A month ago I got remarried to an Indian citizen in a temple and the marriage was registered at a local panchayat. Someone recently told me that this marriage is null and void unless I obtain a divorce in India. IS this true?
I was planning to file for divorce in India anyways when I found out that the Indian citizen that I got married to is a fraud. He married me under false premises claiming that he had a job,property, money and vehicles that he did not have. He also stole some of my jewellery and I realized that the gold chain( mangalsutra) that he put on me was also a fake, although he kept claiming it was real. Me and and my family have been going through severe emotional trauma on account of this along with the financial losses incurred.
I have separated from him and declared the intent to not continue this marriage but I need to know all the legal angles to this case. Can I sue this cheat for emotional trauma and for the loss of reputation along with the financial losses incurred?
Please let me know. Am grateful for any advise.
Asked 1 year ago in Family Law from Canada
Religion: Hindu
1. The decree of divorce granted in USA on mutual consent is very much valid in India.
2. You can file a suit for divorce or nullity of the present marriage.
3. You can claim for damages out of this fraud in the Domestic violence case.
4. You can claim for maintenance as well if you are unemployed.
5. File case u/s 498A IPC against him.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. What you have been told is not true. The divorce obtained by you in US is valid in India unless it is challenged by your ex spouse. The time limit to challenge the judgment in India is 90 days. If your spouse has exhausted the 90 day period then he has lost the right to challenge it in India. As a corollary thereto, your second marriage is legally valid.

2. You are at liberty to file for divorce on the basis of cruelty against your current spouse in India. 

3. In addition to seeking divorce you can also sue him for heavy compensation by filing a case for domestic violence.Criminal charges for cheating can also be filed against him.
Ashish Davessar
Advocate, Jaipur
18205 Answers
449 Consultations
5.0 on 5.0
A month ago I got remarried to an Indian citizen in a temple and the marriage was registered at a local panchayat. Someone recently told me that this marriage is null and void unless I obtain a divorce in India. IS this true?
No, not all, somebody has misguided you.  Since you have already divorced in US, there is o need to panic on such  issues.

If subsequent married life is also of full and full fraud, he can very well be booked under different criminal sections but applying for divorce you may have to wait at least one year from the date of your marriage.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
1) your divorce obtained in USA by mutual consent is valid in India

2) you don't need divorce decree in India to remarry 

3) file for annulment of your second marriage on account of fraud as your husband lied to you about his job and property 

4) if your husband stole your jewellery file complaint of cheating criminal breach of trust against him 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
Hi, when both the spouse is participated in the proceedings in the US Court then the divorce is also valid though your marriage was solemnized in India.

The Supreme Court of India laid down the following conditions for validity of foreign divorce in India.
Foreign Divorce Validity in India
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-
(a) where it has not been pronounced by a Court of competent jurisdiction.
(b) where it has not been given on the merits of the case.
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable.
(d) where the proceedings in which the judgment was obtained are opposed to natural justice.
(e) where it has been obtained by fraud.
(f) where it sustains a claim founded on a breach of any law in force in India.
So these six conditions are fulfilled by such foreign judgment/decree of divorce then it will be valid for dissolving such Indian marriage as has been held by the Supreme Court of India in several of its judgments. The very first condition is with regard to Jurisdiction of such foreign court, what it means that both or either of the parties should be residing in the foreign country where from such decree of divorce has been obtained. The second important condition is with regard to merits of the case for divorce, whether those merits considered by the foreign court to arrive on this conclusion or not. Next, a proper notice was served to the other party with regard to such divorce proceedings & the other party was assigned a sufficient time to file his or her defense against the case, hence following the principle of natural justice. There was no fraud or force involved in such case & both the parties either mutually agreed to surrender itself to such foreign court for getting the decree of divorce or neither of them objected to such foreign court proceeding with such matter & deciding it accordingly. Lastly the decree so passed by the foreign court should not be such which may not be executable in India. In your case if you both had agreed for going through such divorce in Spain through their Family Court having similar status as Indian Family Court, such decree of divorce was passed after considering all the merits of your case, both the parties were heard & their statements properly recorded by the foreign court & a proper judgment followed by the decree passed by such foreign court dissolving your marriage, then this will be a valid dissolution of marriage & the decree of divorce executable in India. Now should you get this decree of divorce declared as valid by the family court of India or not. It all depends on you or on the precondition as mentioned in such decree of divorce by the foreign court. Some foreign courts do put a condition in the decree to any such matter to become valid only after the Indian court or competent government authority gives its ascent of approval on such decree. In such a case you have to file an application in the Family court of competent jurisdiction as discussed above in India to get the approval & validation of such decree of divorce. Otherwise it is entirely on both of you to go in for Indian court validating such foreign divorce decree or not, for all purpose you both can proceed for second marriage if such foreign divorce decree was obtained keeping in mind all the prerequisite conditions as mentioned in section13 of the CPC. Try using the Foreign Family Court divorce decree for both these purposes if the Indian government/authorities don’t agree then get this decree validated by Indian
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Since you were legally divorced in US that is sufficient. The U.S. divorce papers is recognised and accepted in India. 

You can file a case of cheating, theft and claim maintenance from your current husband. Immediately lodge a police complaint for loss of gold articles. 

You can also file case against him for causing mental trauma and seek divorce from him (if you wish to)


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
1.  You had availed divorce in USA on  consensual ground which is acceptable by Indian Courts,

2. To be perfect in the matter you should have got the said decree of divorce awarded by USA Court authenticated by an Indian Court,

3. You can negotiate with your present husband for mutual consent divorce which is likely to be disposed of within 6 & 1/2 months,

4. If he does not agree for MCD, you can file a Divorce suit on the ground of cruelty, after collecting adequate evidence of his cruelty against you,

5. If you have adequate evidence that he promised you the moon which he did not have, then you can file a cheating case against him though such evidence is difficult to have,

6. First of all try to get MCD after which you can plan to file complaint u/s498A of IPC and DV case claiming maintenance etc. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi
 Your marriage is valid as you have obtained divorce from the previous husband in US.
it is not mandatory you should get divorce in India.
The problems as you narrated are unfortunate and if you intend to quit, you can either wait for another yer to file for a mutual consent divorce as it is mandatory  that you can file the petition only after an year completion of marriage.
In another option you can lodge a police complaint, and file a domestic violence complaint and then a divorce on grounds of cruelty.
The Hindu marriage act allows to file petition for divorce on cruelty in extreme circumstances within one year of marriage, for this you need to have the support of complaint filed and the pleadings set out such way 
Consult an advocate in India the place where you are planning to file for divorce and proceed further.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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