I was married in an Indian (Nagpur) court in 2009. The marriage was never registered in USA. My wife and I became USA citizens a year ago. She served me a "contested" divorce all of a sudden on Nov 4 on fake grounds of domestic violence claiming (half of my assets, child support, spousal support and her litigation fee). I live in the "no-fault" state of Michigan. The divorce grounds stated is: "breakdown of marriage relationship to the extent that the objects of matrimony have been destroyed beyond reasonable likelihood that the marriage can be preserved". I think that she may also bring up 'domestic violence' later as we have once exchanged one slap each. She also moved out of the house with both kids without informing me. I read the 'Hindu Marriage Act' section 13. I also read google citations that a 'contested' divorce cannot be granted divorce in a foreign court of law if not in accordance with the HMA and international divorce laws per the comity of nations. Only a mutually-agreed-on divorce attained on foreign soil is valid in Indian courts per the HMA. A contested divorce can only be battled in an indian court of law. Is this information correct? Can I challenge this in court and plea for dismissal of the divorce case as it is not admissible in a USA court of law per the HMA? I do not want a divorce and am the defendant. I need some concrete printed law and clause# and a written opinion of a divorce attorney to back up my claim in court. Is there any rule that my wife should have served me a mutual (irreconcilable difference) divorce notice at first, and then gone on to serve me a contested divorce in case i had declined? If yes, could you please point me to that clause too? CPC (section 13, 14) states that a contested divorce granted by a foreign court is not valid in India per the Supreme Court ruling. Is this true and can i leverage this? Please advise.
I purchased in India on my Dad-in-law's name 10 yrs ago as I could not travel to india at the time of purchase. Ten years later when I asked to sell the property and give me the sale proceeds, my wife's father stopped taking my calls and severed ties with me. My wife supported her Dad instead of me. Upon requesting to resolve this property dispute several times by transferring it to (me+wife), my wife has served me with a contested divorce claiming half of all my assets and (child+spousal support). I live in Michigan which is a no-fault state as far as divorce is concerned and am unable to stop the divorce in any way. I feel royally cheated. Please advise how I should address the judge. Can I state "Malicious intent'? Please clarify if one can
UD Michigan No-Fault divorce laws is difference than Indian laws.
Yes, in India only mutual consent divorce decree is accepted passed in the foreign countries.
So, you can file petition against your wife here in India that US No-Fault divorce decree should be cancelled.
Do you have proofs that amount has been transferred by you on your FIL account to purchase property ten years ago.
You can file petition in family court in Nagpur for restitution of conjugal rights
2) seek stay of divorce proceedings pending in USA
3) grounds of divorce mentioned in divorce petition filed in USA is not valid in india
4) even if divorce is granted you would continue to remain married in india
5) in USA object to jurisdiction of US courts on grounds that marriage was solemnised in india and divorce can be granted only on grounds recognised by HMA
File suit in india for declaration that you are absolute owner of property as full consideration was paid by you
seek injunction restraining sale of property by father in law
Since no system of private international law exists that can claim universal recognition on this issue, Indian courts have to decide the issue regarding the validity of the decree in accordance with the Indian law.
A divorce in US according to the latest Supreme Court of India ruling the grounds for divorce should be recognized by the Indian law.
A divorce decree obtained in a Foreign Country will not be recognized in India when it is not satisfied with any of the above conditions.
Therefore if you prefer to not contest her divorce case and allow it to be passed on exparte basis, then the decree passed by US court shall not be recognised as legally valid divorce in India and you will remain still married to her as per Indian laws.
The sections of law what you have referred in your message are not relevant to your situation.
- 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.
- Further, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.
- Hence, if the said divorce decree was granted by the US court in the absence of other party then it will not valid in India , it means that for a contested or mutual divorce , the presence of both the parties for giving their statement is necessary .
- Since, the said divorce is not mutual and contested then that decree is not valid in India.
- Further , if wanted to live with her , then you can file a petition for restitution of conjugal rights in India , as the marriage was registered /solemnized in India.
- Further , if you having proof of fund to purchase the said property in the name of your wife , then you can declared the owner of the property after filing a Declaration suit in India.
- Further, if you are unable to come to India , then you can give POA to any relative or nearest one to file and contest the cases on your behalf.
If your property is lying in India, she cannot claim any share in them as a right.
In the US divorce case, you prefer not to participate in the same.
If she is not residing in US then she may not be able to claim any share3 out of your US property, but if she is still residing in US then you may better transfer your liquid assets to india and fight for your immovable property alone which have been bought after your marriage with her in USA.
If you had purchased the property on your father in law's name by a registered sale deed then it may not be possible for you to claim the property back especially if he is not willing to return the same.
Even if you have proof for having funded for the purchase of the said property without any authorisation you cannot say that he purchased the property on your behalf.
This will not come under benami transaction too.
Dear client, f you got married in India, but wish to divorce in the USA, you are allowed to file in the state where you meet their residency requirements. You may start filing for divorce if you provide all the relevant details to show that either you or your partner meets the required residency requirements of the state.
Only it can be challenged under laws prevalent in US for the same. but the said decree has no validity in india unless validated in indian court
