• Annulment of marriage in US

My US citizen wife has filed complaint of annulment of marriage and divorce on the false grounds of immigration fraud because of ongoing arguments and suspicions she had on me since i came here in April 2021 (we stayed together only for 45 days).I want to come to India without getting into any litigations here as I dont have social and economic support to fight case.I am alone here.
If I dont contest this case and If I come to India the uncontested decree will be valid in India?can she blackmail me for money or other stuff when i be in India on the basis of US courts judgement?
This marriage was in good faith and wedding happened for 4 days in Chandigarh but due to misunderstandings and arguments it turned to be relationship failure.But to annul the wedding and avoid divorce the only ground she had was immigration fraud.
What should I do now?Can I come to India?

Can i file annulment complaint in India as marriage happened in India ?
Asked 3 months ago in Family Law
Religion: Sikh

2 answers received in 30 minutes.

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14 Answers

Immigration fraud is valid ground for divorce in U.S.A. She being U.S. citizen the law that is applicable to her case is American marriage law. After serving proper notice  on you even you come back, the decree obtained by her will be valid in India and can be executed against you. As there is extradition treaty between India and U.S. she can seek your extradition to U.S. from India. It is better to fight back or settle with her. Grounds for seeking annulment are distinct and not available after one year of marriage.

Ravi Shinde
Advocate, Hyderabad
1494 Answers
18 Consultations

5.0 on 5.0

You can object to jurisdiction of us courts as marriage was solemnised in India 

 

2) file petition for divorce in India seek stay of proceedings in USCourts 

 

3) you can file for divorce on expiry of one year of marriage 

Ajay Sethi
Advocate, Mumbai
84382 Answers
5530 Consultations

5.0 on 5.0

If a marriage has been solemnnised in India then all proceedings wrt marriage shall take place in India. 

Divorce can only be obtained in India.

If both parties are ready and accept the jurisdiction of the foreign court ie in your case US district court then divorce can be obtained which is valid and enforceable in India.

You should not contest the case and go back to India.

You should file any complaint or divorce petition in India.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

1. Since she has filed the case in USA , she can not dispute it in India anymore.

2. So come to India and start living your life on your own terms.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

ex-parte divorce decree obtained in international courts are not valid in India. 

you can go for annulment of marriage if there is no consummated. But here you should provide the genuine reasons with proof.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
30 Consultations

4.5 on 5.0

The proposed annulment petition to be filed by her in US is not legally valid in India for the marriage solemnised in India.

If you apprehend danger or risk to your life then you can very well return to India without hesitation.

Since the US divorce or annulment is not valid in India she cannot execute the decree in India.

Therefore you can return to India, wait for completion of one year of your marriage and file a contested divorce case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Yes you can come to India and state that since you did not had money to support yourself you came back to India

Also you can file a Divorce Petition and serve a copy of the same on her address. So that she has the knowledge of the case filed in India. 

 

If she brings a suit in Foreign country and serves you the notice, then you need to present it before the Court you have filed the case. 

If India Courts are satisfied that you did not had the opportunity to go to America, the one sided decree passed in Foreign country will not be maintainable in india. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

USA order will not be valid in Indian court and you can file new case in India.

Ganesh Kadam
Advocate, Pune
12202 Answers
154 Consultations

4.9 on 5.0

1. You had married her in India as per Indian law following Sikh customs and rituals.

 

2. The foreign decree of divorce/annulment  will not be considered as valid and enforceable in India.

 

3. You can safely return to India and file a petition praying for annulment of your marriage on appropriate ground.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

Dear Sir

Since the marriage was solemnized in India, you could try challenging the jurisdiction of the U.S. Court in this case.

You will not be able to seek annulment of marriage if it has exceeded a period of one year, divorce is still an option though.

Thank you

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

Under Indian Law, execution of decrees, whether foreign or domestic, is governed by the provisions of the Code of Civil Procedure, 1908. Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law. Judgments from "non-reciprocating territories," such as the United States can be enforced only by filing a law suit in an Indian Court for a Judgment based on the foreign judgment. The foreign judgment is considered evidentiary.

If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court. So you object to jurisdiction of us courts as marriage was solemnised in India under Indian marriage laws.

Better to suggest that you will return from the US at the earliest.

 

A fraudulent act may be grounds for annulment of marriage. In case of coercion or fraud the court shall not grant a decree of nullity if

  1. Proceedings have not been instituted within one year after the coercion had ceased or the fraud had been discovered.
  2. The petitioner has with his or her free consent lived with the respondent after the coercion has ceased or the fraud had been discovered.

In such circumstances the acquiescence of the petitioner will be presumed to such an act or omission, and the right of the petitioner on these scores will be waived.

Ajay N S
Advocate, Ernakulam
3941 Answers
83 Consultations

5.0 on 5.0

It will anyways not valid in India as she needs to validate the said decree in India. It will be valid in US only. Yes you can file annulment in india if you have jurisdiction to do so. For any further assistance you can approach me through linkedin.

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

- As per law, an uncontested divorce decree is not valid in India , and the obtained decree obtained from the US court cannot be executed .

- Since, your marriage was solemnized in India, then you can file a annulment petition in India. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

If divorce is granted by a US court on any such ground which is not a ground for divorce as per the Indian Law (Hindu Marriage Act in this case), then that divorce decree is not valid in India.

Immigration fraud in any case is not a ground for divorce.

Yes you can come to India.

 

Indu Verma
Advocate, Chandigarh
37 Answers
2 Consultations

5.0 on 5.0

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