Hi, My sisters husband who is a US citizen filed for a divorce in New Jersey, USA. My sister lives in India and is a house wife with no income of her own. They both got married as per Hindu culture and have been married for 26 years. Is there anything we can do to either dismiss the filing or file a new case against him from India while the divorce is in progress? Thanks, Devi
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File petition fir RCR in India
2) seek stay of divorce proceedings in USA
3) take the plea that marriage has been solemnised in India on grounds recognised by HMA and US courts have no jurisdiction
4) in US object to jurisdiction of US courts as marriage solemnised in India and divorce can only be on grounds recognised by HMA
Hi Mr.Ajay Sethi, Can we file RCR while divorce is in progress? Is this something Kaanoon firm can help with. could you elaborate on how we can seek stay on divorce proceedings. We self submitted an answer for the divorce filing to the NJ courts as we the notice said divorce will be granted automatically if we didn't respond in 35 days. thanks
You are liberty to file RCR during pendency of divorce proceedings in USA
2) you can in said petition also seek stay of divorce proceedings in USA as marriage was solemnised in India
A divorce obtain in U.S. against Indian citizen married as per Hindu rites is not valid in India. Submitting answer to notice or filing objections to divorce will not make the divorce decree valid. Such divorce cannot be enforced in India. If he wants divorce you, he needs to file divorce in Indian court under Hindu Marriage Act and even that is not an easy process for him. Divorce is not a platform ticket he can purchase across booking window. The process is lengthy, he has to pay maintenance during the divorce proceedings which takes years. After divorce he will have to pay handsome alimony and even after that is not certain that Indian Court will grant him divorce. Filing rcr will not help you as after rcr decree he fails to join you for two years, it will lead to presumed divorce.
You can reply with the help of ministry of external affairs to that notice.
Plus USA divorce will not be valid in India court. Only Mutual consent divorce performed in foreign countries are accepted in Indian courts.
Ask your sister to file alimony and maintenance case under section 125 CrPC in India and send notice to her husband via ministry of external affairs to expedite the case.
The divorce case filed in US without her participation is not recognized as legally valid as per Indian laws.
Even if get an exparte divorce decree in IS it is not valid and she will be considered as legally wedded to him as per Indian laws.
So don't have to take any action but remain silent and watch the developments
The exparte divorce that may be granted by US court is not valid.
She can file RCR case in India if she really would like to live with him.
But if he doesn't cares for Indian RCR decree in her favor, it will be just a paper decree.
So better remain silent without taking any further action on it.
Any ex-parte divorce which he obtains in USA, will have no validity in India and wouldn't be recognized in India.
She is free to file an RCR in India in the District where she is is currently residing. This RCR will be filed in the Family Court concerned.
Feel free to get in touch for more help.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- Since, your sister is living in India, then in her absence the said decree of divorce granted by the US Court will have no legal value in the eye of law , and legally there will be no divorce and she will be his legal wife
- Further, you should also not worry for the said divorce petition filed by him in US , and no need to appear on behalf of your sister
- Further , you sister can file multiple cases against him in India
- You can contact me , if further suggestion needed.
The best thing your sister can do is to not contest the case filed by her husband in USA as uncontested divorce degree would have no validity and enforceability in the eyes of law in India.
Only contested or mutual consent divorce decree by foreign court is legally binding and enforceable in India.
Not doing anything right now would be the best legal advice for her.
She can also approach Indian court for restitution of conjugal rights.
If one spouse lives in the US and the other in India, it is still possible to file for divorce in the US but according to the latest Supreme Court of India ruling the grounds for divorce should be recognized by Indian law.
if one party does not want a divorce and the other one does, then they would need to file for a contested divorce by filing a divorce petition in court. Once the petition is accepted, then only the divorce process will start, and both parties will need to appear before the court with their attorneys. A contested divorce is a difficult route to take as it takes up to 1-2 years to finalize.
A stay order is a temporary stoppage or postponing of a judicial proceeding. This stoppage does not mean that the said order has become invalid. If you wish to postpone your divorce proceedings you can make an application to the High Court of your state.
Yes you can claim rcr in reply to his divorce petition. You can consult me through kaanoon about it
1. The ex-parte decree of divorce passed by the foreign court will not be considered as valid in India as such.
2. Your sister can file a maintenance case in India praying for maintenance amount from her husband.
3. She can file a RCR case in India though it can not compel her husband to stay with her.
1. You can file the RCR petition in India during the pendency of the divorce petition in USA.
2. In USA getting decree of divorce is easy unlike India but in most of the States in USA, the wife will get 50% share of the properties acquired by them after their marriage.
3. On the above ground, your sister might get good amount of movable & immovable assets from her husband.