• Divorce filed in India and now would like to file in USA

I stay in the USA for the last 3 years and my husband lives in India. We have 5 yr old boy who lives with me from day 1 kid born. We didn't live together from the last 5.5 years. I filed my divorce in India in Jan 2019 and it's being more than 3 years and it's not going anywhere and no sign of any mutual agreement from his end. I am not demanding anything from him not even kid maintenance. I have had kid full custody with me for the last few years by US court too. He is not paying or paid anything to me or to my kid. Since the Indian divorce case is not going anywhere so I am thinking of applying to US court for a faster divorce. We didn't live together for last 5 years. My question is shall I withdraw the divorce case from India and apply fresh divorce case here in the US or shall I contest both divorce cases?
Asked 5 months ago in Family Law
Religion: Hindu

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11 Answers

Hi,

Yes you can either withdraw the  case and file fresh divorce petition in US court itself or you can file another litigation in us court mentioning that one divorce case is already pending adjudication before family court in india.

Suggestion would be not to withdraw the divorce petition in India of the stage of the case is respondent evidence or arguments.

Rgds

Shivam Sood
Advocate, Ludhiana
111 Answers
1 Consultation

4.2 on 5.0

You cannot file divorce case in USA without with drawing divorce case filed in india 

 

2) further even if you file for divorce in USA it should be on grounds recognised by HMA 

 

3) please note that no fault divorce obtained abroad is not valid in india 

 

4)if your husband does not contest Indian divorce case you can get exparte divorce decree in india 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Hi, Don't withdraw the case in India. You can file a petition for divorce in USA. However, as per Indian Law divorce obtained in Abroad valid only when both the parties are participate in the proceedings. 

 

2.  So my advice to you, better you can file a Petition for divorce in USA and if you get the divorce there same can be presented in the case in Indian and withdraw the same. So that he has knowledge about the divorce obtained in USA.

Pradeep Bharathipura
Advocate, Bangalore
5374 Answers
306 Consultations

4.5 on 5.0

The USA divorce case may not be of any use to you if the reasons stated in the USA divorce decree is not recognised as legally valid grounds as er Indian laws for the marriage solemnised in India.

It will just a paper judgment without solving any purpose or intention 

Thus, better do not withdraw the divorce case in India and follow it up through your advocate properly and regularly.

If you feel that your advocate is not cooperative or conducive then you may change the lawyer immediately. 

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1460 Consultations

5.0 on 5.0

Filing in US when case pending in india will not have any effect. Contest in india.

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You can do that. Or even proceed with the said divorce proceedings

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Having filed for divorce in India, it is better to pursue it here, instead of initiating a fresh action in the USA, as only a divorce by mutual consent granted by a competent court abroad is valid in India.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

Dear Client,

A divorce decree of a foreign court is valid in India only if the Decree of Divorce is granted on any ground valid as per the Indian Law under which the parties were married or the parties have submitted themselves to the jurisdiction of the Foreign Court i.e. the Court has adjudicated on the issue after hearing both the parties as regards the issues raised by them or the decree is obtained by Mutual consent between the parties.

So, it is advisable to pursue the said suit in India only as your husband is not cooperating with the proceedings.

Thank you

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

Dear Querist

As your husband lives in India then your divorce decree passed by USA court shall not be valid as he will not pursue that case due to any reason. your divorce decree passed by USA Court will hit section 13 of CPC-1908 and on the ground of natural justice that divorce decree shall not be conclusive in India.

Hence it will be better for you to fight the case in India and not in the USA.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
299 Consultations

4.9 on 5.0

- If your husband is living in India, then the decree of divorce of granted by US court will not valid in India , as the decree of divorce granted on mutual consent by US court is valid in India. 

- You can move an application before the Indian court for speed trial of the case , and to grant ex-parte decree of divorce if he is not appearing before the court . 

- Further, you can claim maintenance from him after filing cases against him as well in India. . 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

1. Since both of you married in India, you are required to get the decree of divorce passed by the Indian Court as otherwise you two shall be considered as wife and husband by Indian law and your further marrying in India will be considered as an act of bigamy punishable with jail term under IPC.

 

2. You can get the foreign decree of divorce but it will not be considered as valid by Indian law until you manage to get it validated by the local Indian District Judge after filing an application for that purpose.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

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