1) File for divorce on grounds of desertion and mental cruelty in India
2) seek sole custody of your child
3) if you file for divorce in USA and husband does not participate divorce decree obtained would not be valid in india
If "Abandonment" is reason for divorce in USA, will the decree be valid in India
I live in USA while my husband lives in India. We have a minor kid, who resides with me. We are separated and he has kept no contact with me for 4 years and has not divorced me either. 1. Can I obtain a divorce in USA on the basis of abandonment and will that be considered valid in India. 2. Will I have to file a custody case in India, in order to get full custody with no visitation rights if any problems arise in the future? Thank you in advance
Asked 2 years ago in Family Law
Religion: Muslim
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14 Answers
By filing Divorce in USA, you will become half married half divorced.
Such Divorce are not valid where one party not participates.
Definitely he will be not in mood to come to USA to attend your divorce case.
You have to file Divorce in India along with Child Custody.
If you people are an Indian citizens the husband doesn't join the proceedings and accepts the jurisdiction of the US district court the decree will not be valid in India.
Custody issues have to be decided in India if the child is an Indian citizen.
1. It will only be valid if it's validated in India.
2. Yes.
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1. A decree of divorce passed by a foreign court qua an Indian citizen can be declared non est and void if it is proved that it has been passed on a ground which is alien to Indian law.
2. Desertion is a ground for divorce in India, but you can still sustain a foreign decree of divorce passed on the ground of abandonment.
3. To get the custody of child you will have to file a petition under Guardians and Wards Act.
It is advisable to file for divorce and custody of child in India.
Divorce can be filed on the grounds of Desertion (Abandonment) and Cruelty.
If you obtain Exparte Divorce Decree in USA it is not executable in India (uncontested)
It has to be validated by indian court. Custody has to be filed where the minor ordinarily resides.
Regards
G.RAJAGANAPATHY
High Court of Madras
1.If USA court grants divorce to you on the grounds of desertion and if the same is contested with a contested decree granted in your favor, then that divorce is valid in India, however if he remains absent and have preferred to not to contest then the exparte divorce granted in USA is not recognized as legally valid divorce in India for the marriage that was solemnised in In India as per Indian laws.
2. If the child is an Indian citizen, then it would be better that you file child custody case in India
Dear Ma'am,
1. You can obtain a divorce in the USA however, you need to fulfill the residency requirements. A foreign divorce decree is recognized and is considered final and valid in courts in India unless the decree is legally flawed under general and divorce laws.
2. You can file for custody both in India and in the USA at your convinience.
Thank You.
The Exparty divorce granted outside the India is not valid in India. It is better you can file a Petition for divorce on the ground of cruelty and desertion.
2. There is no need to file Petition for child custody. As the custody of the child is in your hand.
Decree of divorce can only be obtained in India since you married in India.
Custody of minor child would be with the parent who can take better care of child till he/she attains majority after 18 it would be the child’s wish with whom to live with .
- As per law , separation for more than 2 years is also a ground for divorce
1. Since he is not residing in US , the in his absence you cannot get divorce in USA , and even you get the same then that will not valid in India.
- Legally a mutual divorce under Muslim Law , and contested divorce granted by the foreign court is valid in India.
- However , if he agrees for divorce then you can take the divorce without going to India on the basis of Khula or Mubarat , which is valid in India.
2. Yes
Dear Madam,
- You can get the divorce in USA and get it validated in India.
- Be informed if you have any future plan to come to India for any settlement in terms of residency or any property in India then your husband might create some legal complication against you.
- Besides if you do not have any plan to bring your children to India then may file obtain the divorce in USA.
- Rest it shall be better to discuss the case in details for better guidance.
Regards
Vivek Arya
1. You can easily get the decree of divorce in USA but the said foreign decree will not be considered as valid in India.
2. you shall have to file a divorce suit in India for obtaining a decree of divorce from the Indian court. You can also file a child custody case in India but the visitation right of the father of your child can not be taken away from him legally.
