1) in RCR only court would direct restitution of conjugal rights 

2) court would not grant divorce 

3) no fault divorce obtained abroad is not valid in India 

1. An ex parte divorce given by foreign Court is absolutely invalid in India.
2. There is no such registration of foreign divorce  in Indian Court. No registration is  required for a divorce  by foreign Court if it is   But this divorce  no at all valid.
3. No such order can be obtained by him on the basis of  invalid divorce .
4. You can very much revers the order issued in RCR, get it restored an obtain a favorable order.

 I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.

1. If it was an exparte order, then you may have to file a petition to set aside the exparte order after which you can get his counter claim dismissed on merits.

Your casual approach to the case will not fulfill your requirements, you may have to accept whatever is given to you when you don't take care of your own case.

2. Without a notice to you the court in India will not pass any such order, especially the exparte divorce granted in California is not legally valid in India.

3. You can file an appeal before high court.

4. See the first answer above.

1. No. It will be decided separately

2. No 

3.challenge the order in higher court

4. File application for setting aside exparte order

Foreign decree is invalid unless declared valid by indian court. 

G.RAJAGANAPATHY 

High Court of Madras 

1. As per law, the said ex-parte divorce granted by the California Court is not valid in India ,and till date the relation is exist as husband and wife between you can her. 

- Further, the RCR case is joining the matrimonial life , and not for divorce , and the submission of that ex-parte divorce decree will not convert the RCR into divorce petition. 

2. For getting divorce , he can file a divorce petition in India , and if you will not appear before the court then he can get the ex-parte divorce decree and which is valid in India. 

3. If he files a case , then the court is bound to issue notice to you , and hence you can engage a lawyer for contesting the case on your behalf , if you are not residing in India. 

4. Yes, you can move an application for setting aside the ex-parte decree within a period of 90 days from the date of passing the decree. 

1. You have filed the said RCR petition which you could not attend for which the case will be dismissed for default and the Court has no jurisdiction to pass a decree of divorce in the instant case.

2.& 3.  He can iof course file a divorce suit in India for which you shall get enough chance to contest it.

4. You can file can application before the High Court challenging the said Order.

Dear Client,

                   Yes, you can enforce the marriage in India by seeking a merit order and thereafter obtain a divorce decree in India and you may also obatin an ex-parte order in a restitution of conjugal rights proceeding.

Thanks & Regards