• Regarding property division in USA

Hi, I have filed divorce case in India. Me and my wife are indian citizens living in USA. We have properties in USA. all the properties are on my name. 

Can my wife file for divorce in USA again to claim for the property division?
Asked 2 years ago in Family Law
Religion: Hindu

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12 Answers

During pendency of divorce case in India in case wife files for divorce in USA take the plea that divorce proceedings are pending in India and marriage solemnised in India hence Indian courts alone would have jurisdiction 

Ajay Sethi
Advocate, Mumbai
94511 Answers
7484 Consultations

5.0 on 5.0

Hi, She can file a divorce case in USA. However, you can't participate in that proceedings. If you participate in that proceedings, the divorce granted in US Court become valid in India. Wherefore, you can pursue the divorce case in India.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

She may file divorce in USA again or before the Indian court order for the properties in USA.

 

You better get Mutual Consent Divorce in USA court order submit that in Indian court.

 

In that Mutual consent divorce make the terms and conditions as per your wish.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

That cannot be done. As you married in India and you are Indian citizens, the Hindu marriage act will be applicable to you. Once your divorce case is final and decree has been issued, you are legally divorced and that order would be honoured by all the foreign courts.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. Since you and your wife are Indian Citizens and got married under Hindu Marriage Act, divorce decree obtained from the Indian Court will be the final one. 

2.  If your wife attends the proceedings in Indian Court and the divorce decree is not ex-parte, then even if she applies for divorce in US, it will not be binding upon you.

3.  If both of you have filed joint petition for obtaining Mutual Consent Divorce in India, then you can add this clause in the MOU.

Shashidhar S. Sastry
Advocate, Bangalore
5067 Answers
314 Consultations

5.0 on 5.0

For properties located in U.S. local law will be applicable which  is equal share to husband and wife. She can seek such division in U.S. Court after divorce obtained in India.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If she files for divorce in the US, you plead for dismissal of her petition stating that as you have already filed for divorce in India, no action lies in the US.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Yes but your earlier will be applicable and you can't conceal it

Prashant Nayak
Advocate, Mumbai
31796 Answers
175 Consultations

4.1 on 5.0

- Since you have filed divorce case in India, then if she not appeared before the family court after receiving summons of the case then court may proceed for passing ex-parte divorce decree. 

- Further, if she files for divorce in USA , then it will not valid in India, as the decree of divorce by the US Court on the ground of mutual divorce & contested divorce is valid in India. 

- Hence, if she files a divorce petition in US , then you should not appear before the court. 

- Further, if the properties are in US , then division of the property will be as per that country rule of law. 

- Under Hindu Marriage act , a wife is not having any right over the property of her husband during his life time , except she can claim alimony at the time of taking divorce. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

Dear Client, 

When filing for a divorce in the USA, one spouse may receive a divorce decree that is not recognized by the Indian Court. This is because the Indian Court reasons that the foreign court has no jurisdiction over the case. And if you are getting a divorce in India, the Indian court will decide about alimony and maintenance to her.

Thank You

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

What she can do in USA cannot be predicted, however if she files a divorce case in USA intentionally to claim a share out of your properties located in USA, you can object to the divorce case in USA by producing the divorce papers of the pending case in India and seek for its dismissal since there is no territorial jurisdiction for the US court to try the divorce case in the given situation.

.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

The US courts decree is not binding on Indian court with regards to the property.

US Family Courts may make orders in relation to property in an overseas jurisdiction. However, property settlement orders made by the US Family Courts may not be automatically recognised and enforceable in the overseas jurisdiction.Consequently, problems may be experienced in enforcing the property settlement orders internationally.

US is a Non-reciprocatory territory of India and the Indian court exercise jurisdiction in personam so the property situated in India has divided only under Indian law. When the court grants a divorce, the property will be divided equitably (not always equally) between the two spouses. This is decided under the Equitable Distribution Law. During the divorce, both spouses have to tell the court about their income and any debts they owe.  If the lawsuit is to determine title to property (in rem) then the action must be filed where the property exists and is only enforceable there.

In the eyes of the Indian judicial system, the property belongs to the person in whose name it's registered.  If the property is in the name of the husband then the wife has no right on that property.

There is no concept of matrimonial property under Indian law. A woman can ordinarily claim maintenance till her lifetime from her husband on the basis of the husband’s financial and living status and not a right over the property/house in which she resides. A woman can claim "right to reside" in her matrimonial home under the Protection of Women from Domestic Violence Act 2005. Cases under this Act can be filed in the court of the place where the aggrieved woman resides.

If the property is registered as a joint property among husband and wife, as per the women property rights, the wife can stake a claim at the time of divorce. Supported her contribution to the property, the court as divorce property settlement can grant her contributed share. Just in case the property is registered exclusively within the name of the husband, he can claim it entirely unless the wife proves that she contributed to the acquisition. For this women property rights, the wife needs to show her contributions proofs to purchase the property in the husband's name. She can showcase the account statements to claim her rights.

 If the property is fully registered in the woman’s name, she will be able to claim it in full until the man can prove that he contributed to the purchase. At the same time wife can raise a claim over marital property at the time of divorce proceedings.

Marital property is basically all the assets and liabilities acquired during the course of the marriage.  Assets might include home, cars, furniture, shares in a company, rental income and savings. Liabilities can include any debt, such as mortgages or other loans and leases. Any kind of property is it movable or immovable, if it is gifted to the woman before marriage or at the time of marriage then it is exclusively her property and it is to be termed as stridhan. No one has got the right to take away the stridhan from her not even her own husband.

She can claim the properties in US as per US laws and vise verse. But once a divorce is passed under Indian law , i could not find a new interference is happens in US

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

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