• Living in US, applying for divorce in India

We live in US and both have green cards, we applied for nofault divorce (uncontested) and it will take another 8 month to finalize and would like to file a divorce in India as well. We got married in district A and my family lives in district B and she is form district C and marriage was registered in district C, and place of marriage on certificate shows district A. 

We were in US before and after our marriage and we both work and make equal salary and have two kids and married for 10 years. What will be our jurisdiction to apply for divorce due to different places as mentioned above? 

Can I apply for divorce while I am in US and start the process, what kid of divorce should I apply to begin with?
Asked 1 year ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

Dear client,  

As you and your spouse are both green card holders living in the United States, you can file for divorce in the state where you currently reside. Each state has its own laws regarding divorce, so you will need to research the specific laws in your state. You may need to establish residency in the state for a certain period of time before you can file for divorce there.

As for filing for divorce in India, you will need to consult with an Indian lawyer familiar with family law to determine the appropriate jurisdiction to file for divorce. Depending on the specific circumstances of your marriage, it may be possible to file for divorce in multiple jurisdictions.

In terms of what kind of divorce to apply for, if both parties agree to the divorce and the terms of the divorce (such as property division, child custody, and support), an uncontested divorce is likely the best option. This can be a simpler and less expensive process than a contested divorce, which involves a court proceeding to resolve disagreements between the parties.

It's important to note that divorce laws and procedures can be complex, so it may be beneficial to seek the advice of a family law attorney who can guide you through the process and help ensure that your rights and interests are protected.

 

 

 

 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

File for divorce by mutual consent in city A where marriage was solemnised or city C where your marriage was registered and wife has permanent address 

 

you can execute POA in favour of family member for filing for divorce 

 

your virtual presence through Skype is sufficient 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Dear Querist

If both of you are ready and mutually agreed for divorce then it will be better for both of you to file divorce on the ground of mutual consent and that divorce will be valid in India too. There is no requirement for filing another case in India. But as you informed that you already applied for the no fault divorce in USA.

As per section 19 of HMA THE Court to which petition shall be presented.

—Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—

(i) the marriage was solemnised, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

 

So you may choose any of the above area for filing the divorce petition.

One year separation will be required for filing the petition and if the separation is more than 18 months then divorce can be granted within a month as per supreme court order.

 

Feel free to call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1.  You have to apply for divorce in District 'A'.

2.  You can apply for divorce in India while you are in US by authorising someone to represent you in India through POA.  However your physical presence in India has to be there on important dates.

3.   The best kind of divorce is Mutual Consent Divorce, wherein all the differences can be mutually sorted out as also division of assets, custody of children, alimony and the divorce takes place in very short period.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

Best way you to apply for Mutual Consent Divorce in the USA and same submit in India in your native Address. 

Mutual Consent Divorce performed in USA and valid in the India.

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

If your spouse agrees for divorce on mutual consent grounds, then you can filer the same in an Indian court itself.

You both can give a power of attorney deed to your close relatives back in India to file the petition on your behalves. 

You both can decide about appearing befor court in India during second motion to confirm your decision, subsequent to which the court may grant you divorce on the grounds of mutual consent  in India.

You can file the divorce cae in India where your marriage took place or the place of  her current residence in India or the place here you both last resided together in India.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

If you want to make the divorce admissible in india then you need to validate the same 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Municipal Authority is not entitled to move against property A. Your remedy is filing writ against Municipal Authority in High Court of Madras restraining municipal authority from taking coercive steps against property A.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

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. 

- Hence, if she is also agree for mutual consent divorce , then you can file a joint petition in the same in US court for getting mutual divorce , and the said decree of divorce will be valid in INDIA. 

- Further, this joint petition can also be filed in India , but the appearance of both the parties are need on some dates.

- Further, if you both want to file the joint petition in India , then it can be filed at the place where the marriage was solemnized, and also the district A & B as well. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Get a divorce Order/ Decrees from us court and enfoce it before Indian court all A, B, C court have jurisdiction.

Ravi Panwar
Advocate, New Delhi
116 Answers

Not rated

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer