Married in India, wife cheated and left home in USA
I got married in india legally. Though I tried to protect my marriage as much as I can, my wife cheated on my back and left home keeping a note after she got H4 EAD. Planning for divorce in USA. But there are chances I might take divorce here with paper publication, as the friend of my wife who got her out is resisting to tell where she is. My wife gave me immense mental torture engaging emotionally with other man in india. Now she claims in reverse I abused her.
1.) If i take divorce by paper publication here will it be valid in india.
Looks like my wife will not give me divorce as she wants to settle in US with my H4 Visa converting to F1.
2.) Can her parents create trouble to me even after USA divorce through paper publication?
Asked 2 years ago in Family Law from United States
What do you mean by divorce by paper publication?
Any such divorce without getting her consent or without she congesting the same in US will not be valid in India since you have married her as per Hindu law and customs.
When did you marry her and how long since she abandoned her matrimonial home and staying alone without your company?
Once you dissolve the marriage by a decree of divorce in US,her visa may be rejected or cancelled, so the effect will be on her, hence wait for her to respond and you can negotiate the terms of settlement or post nuptial agreement.
You can file divorce in USA, if your wife is also live there.
what do you mean by paper publication?
if a divorce granted as per the law in USA her parents will not be able to do anything
Paper publication means when other partner is not found anywhere even after immense search. They will serve legal notice in a local news paper after the judge agrees for serving through local news paper publication. If other partner doesn't respond in 30 days they will dissolve the case. My wife is not answering questions, about if we can go for mutual divorce. She is just keeping calm to keep her visa valid
Asked 2 years ago
1. Yes that will be valid in India
2. Yes she can file 498A case but her parents can not do anything.
Paper publication or even court decree from usa is not valid in India if it is properly done or while the spouse did not attend the proceedings either due to notice not being served or due to some other reason.You must apply the divorce here in India and serve the copy to her properly .If the notice is not served in her address ,you can take the next step as paper publication.
Her parents can't do anything with out her power of attorney to sue against you.
1) you can file for divorce in USA and the divorce decree would be valid in India if your wife participated in divorce proceedings and it is on grounds recognised by Hindu marriage act
2) if your wife does not participate she can move court in India to set aside divorce decree granted in USA
3) divorce by mutual consent is the best option
no paper publication done in U.S.A is not valid in India. u must file a divorce case in India, she can even file a domestic violence case against u or divorce case under the ground of cruelity,
her parents can definitely trouble u unless u get an order for divorce in India..any queries call me
you should proceed with the legal steps , which is applicable in USA for a legal divorce with the help of your attorney there.
if your wife is not agreeing or consenting for divorce, your only option is to intitiate proceedings and make it for the speedy manner so that without much delay you can obtain divorce.
The advises or opinion given to a person who don't understand the reply is just a waste exercise. First of all you were mentioning about the exparte decision which you are unable to express but you assess the experts in a very cheap way, there was no problem even if you have not assessed the rating of a lawyer than giving a wrong opinion as per your understanding. There are lot of solutions for your problem but since you dont understand simple language there is no use of advising you any better suggestions.
1. Divorce by Paper Publication in USA which is not attended by your wife will not be acceptance as valid by Indian Court. Divorce granted by foreign Court on the grounds which are acceptable by India law is only acceptable by Indian Courts. So, no fault divorce passed by a Court which has been attended by both the parties is acceptable by Indian Courts since it is treated as mutual court diivorce,
2. Yes, her parents for and on her behalf, even she can file cases against you in India which you shall have to contest fittingly.
1. Yes, this type of divorce may not be acceptable by Indian Courts,
2. However, your lawyer can try to drive home that it is an ex-parte divorce decree which was sought on the ground of cruelty.
file a divorce case and try to get the divorce, if she is unable to appear before the court or there is any sufficient reason for her non-appearance then she may challenge the divorce decree in India.
Feel free to Call
Advocate, New Delhi
Hi sir/madam, you don't worry. You will issued a legal notice to your wife come and join with you, if she failed to do so, you have to file divorce case on the ground of cruelty on you by physical and mentally. I think your marriage was solemnized under Hindu customs in India. Its jurisdictional family court will come in India only i.e., where both last resided six months before. Your wife's parents will not create any trouble once divorce order was passed. Paper publication proceedings means exparte order. Exparte divorce is valid in India through jurisdictional family court under the Matrimonial Case (MC case). (not directly taken paper publication).
1. The Indian courts will be loath to uphold, on a legal challenge by your wife in India, the divorce granted in US without the presence of your wife. You will be given an opportunity by the Indian court to contest her challenge. If your wife is still a citizen of India then it will be wise for you to file for divorce in India as she is a subject of the Indian law. The judgment of the Indian court will be conclusive, subject only to the corrective appellate process.
2. Her parents cannot file any case against you.