• Married in India and divorced in US in case of missing husband and now thinking to remarry in India

Hi, I am about to get married to a girl who married in India but got divorced in 2009 in the US. Her ex-husband was missing for 6 months so she filed for divorce and she got divorced because her ex-husband didn't respond to court and divorce was availed stating that her ex-husband gone missing. 

Now she is coming to India to marry me. The question is, can we marry each other legally in India? Is her marital status in India called divorcee or still married? Please advice as it is so urgent. 

Also, please provide solutions to my problem as I want to marry her abiding all indian laws.
Asked 4 years ago in Family Law
Religion: Hindu

10 answers received in 1 day.

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12 Answers

If she has been granted divorce in India. She can marry. If the divorce granted outside india is not validated then she can't marry in India without validating it

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

She continues to be married in india no fault divorce obtained abroad is not valid in india 

 

ask her to file for divorce in india and then marry you 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

Divorce by mutual consent obtained abroad is, generally, valid in India. In your case, it was an ex parte decree. As such, it is fraught with the risk of being not acceptable in India.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

You need to mention his address in divorce petition 

 

2) if your husband contests divorce proceedings it would be long drawn affair 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

As per your contents she had obtained divorce from USA that too on exparte basis.

If she was married to him as per Indian laws then this divorce is legally not recognised as valid divorce, therefore as per Indian laws, she will be considered as still married and not a divorcee. 

She has to apply for divorce once again in India, once the court in India dissolves her marriage by a decree of divorce then she would become eligible to marry in India and get her marriage registered before the registrar of marriages in India. 

You may advice her accordingly and ask her to adhere to the legal procedures before getting into wedlock with you.

 

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

If she is not knowing her husband's whereabouts, she can send the summons/notices through court to his last known address and follow the further procedures by publishing the summons in a local newspaper. After that if the court is satisfied with service of summons, it may pass an order calling him absent and grant an exparte divorce, the whole process can be concluded within a matter of six months.

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

You need to serve to his last known address and proceed exparte if he is not available before court after service. You will get exparte divorce decree in the same

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

If you have filed a 'missing person' complaint in the USA and obtained a 'non-traceable' certificate before seven years or earlier, you may start divorce proceedings in India on the strength of such a certificate. You need to execute a special PoA in favour of your relative or friend living in India to file the petition and appear in court on your behalf. It may take 6 - 12 months to obtain a divorce decree from court.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

- If she has taken divorce in the absence of her ex-husband then the said decree of divorce will not valid in India ,and for getting divorce from him she should file a divorce petition in INDIA. 

- Further, without getting the divorce from her ex-husband , she cannot marry with you legally. 

- Time for decree in India , depends upon the burden of the court and the lawyer she engaged . 

- She can file the divorce petition with his last known address , and if he not appears before the court after receiving the summons of the court , then the court may grant an ex-parte decree in her favour and which is valid for marry with you. 

Mohammed Shahzad
Advocate, Delhi
15861 Answers
243 Consultations

Dear client, 

as there is a divorce decree already granted she needs to file for execution and then it may go on for about a year max.

Thank you

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

Dear Querist

The divorce decree passed by the USA Court is valid until challenged by her ex-husband. if the summons was received by him and he intentionally did not appear before the USA court in the divorce proceedings then that order/decree of divorce is valid.  

 

You may proceed with your marriage and the status of that lady shall be divorcee as per the divorce granted by USA Court.

The certified copy of the divorce decree shall have to file before the marriage registrar if you are willing to register your marriage.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

                                                                                                                            

 

 

 

 

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

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