As a US Citizen, I sponsored my wife from India on a Fiance Visa, and got married in the USA in an Aryasamaj temple. In 2021, after 4.5 years of marriage, I filed for a divorce in the US family court. She has been getting a pendente lite for almost 2 years now since the divorce filing date. She has now filed for another maintenance case in India even as the court case in the USA is still pending. She has alleged everything under the sun against me to build up her story in the Indian court, even falsely attributing nonexistent properties to me and also filing a false police complaint. I do not have any assets worthwhile in India. I as a US citizen live and work in the USA. She also lives in the USA and is a Green Card holder in the USA. She also lives here in the USA but had gone to visit her family in India who lives in Haryana. She used her brother's office colleague's address in New Delhi to falsely establish jurisdiction and filed a section 125 case in Delhi court. What do I need to do?
You have to engage a local lawyer and file detailed reply denying the allegations made in maintenance application
2) take the plea that wife is highly qualified and working and is not entitled to any maintenance
3) that you don’t have any such properties as alleged
Since your marriage was solemnised in US and not registered in India under special marriage act, the case filed against you in India may not be maintainable.
She might have given false information about the solemnisation of marriage to bring maintainability but it is not binding on you.
You can ignore the summons if received at US address and remain silent about it.
Thank you for the replies Mr. Ajay and Mr. Kalaiselvan. @ Mr. Kalaiselvan, She did serve me at my US address but she also sent copies to my sisters in India as well. I personally do not have any residential address at India. Is it still ok to be silent about it?
Dont make the mistake of ignoring summons
engage a lawyer and file detailed reply as mentioned herein above
You can challenge the maintainability of the same in Delhi.
You will have to share the copy of the divorce suit for a more concrete advice.
the said action of her can be bought before the court and we can get the process stayed
Since you are a citizen of US, you can just remain silent but watch the developments silently.
No doubt for challenging her false case you need to participate in the case but for that you would be required to be here in person, hence you can just remain silent for now.
You can think about your participation at a later stage when the circumstance arises.
You can challenge the jurisdiction but for women supreme court has ruled that they can file the same from a temporary address where they reside but same should not be an address just used to file 125crpc proceedings
1. Though the marriage is solemnized under Hindu rituals, Marriage Act of India is not applicable to you as the same does not extend to U.S. territories. Engage an Advocate and appear in Indian Court challenging its jurisdiction to decide the divorce case filed by wife. 2. As a divorce is case filed earlier in U.S. Court, any subsequent petition seeking divorce filed is invalid. 3. A earning wife or a wife even not earning but capable of earning is not entitled to maintenance.
Except for Mr. Kalaiselvan, all of you are advocating to challenge the petition in India. I also need to ensure that the Indian court sees through her lies and her greed. If I have to hire an advocate is it preferable to have an advocate based out of Delhi? Are there any licensing-related constraints in India? In the USA, I believe, lawyers are only allowed to practice in certain jurisdictions.
You must engage a lawyer in Delhi only as he would be able to appear in courts in Delhi
advocates from other cities may not be able to file appearance and appear in courts in Delhi
If you decide to challenge her false case then the problem is that you need to be present before court for all the hearings.
Will you be able to present in India for years until the case is disposed by court.
Since this is a criminal case and being tried by family court, the appearance of parties before court is essential.
As per Advocates Act, a lawyer having a licence issued by any state bar council can practice law in any place, there is no law preventing a lawyer from practicing in a court where he is not a member of the local bar of that court.
USA has laws of its own and that cannot be compared with Indian laws.
There is no licensing issue but the advocate hired out of Delhi will have to travel to Delhi for case otherwise you can hire any lawyer of your choice
- You should know that , 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, if the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- Hence, if you have filed a divorce case in US , then if she not contested the case then the decree of divorce granted by that court will not be valid in India.
- Further, if she is getting maintenance from the US court , then she cannot claim maintenance from you in India after filing a case under section 125.
- Further, if she has filed a case in India, then your appearance is needed , otherwise the court may proceed for ex-parte decree after admitting her compliant in the case.
- Further, even if you are having property in India , then also she cannot claim any right over the property during your life time , but in US is can be possible.
- Further, as you both are living in US and having citizenship , then you can mention before the Indian court through a lawyer regarding the same to dismiss the case filed by her in Indian Court.
Dear client,
Firstly, you should consult with a qualified and experienced family law attorney in India who can guide you on how to proceed with the section 125 case filed by your wife in Delhi court. The attorney can also advise you on how to challenge the false allegations made by your wife and the jurisdiction issue.
Secondly, you should provide all the relevant evidence and documents to your attorney to prove that you do not have any assets or income in India, and that your wife's claims are false and baseless. This may include your tax returns, bank statements, and other financial records.
Thirdly, you should continue to pursue the divorce case in the US family court and inform your attorney in India about the status of the case. Your attorney can also coordinate with your US attorney to ensure that your legal rights are protected in both countries.
Finally, it is important to remain calm and patient during the legal process and follow the advice of your attorneys. Divorce and maintenance cases can be emotionally draining and stressful, but with the right legal guidance and support, you can protect your rights and interests.
