• Status of an earlier Indian marriage after one spouse becomes US citizen and implications on divorce

Dear lawyers,

Can anyone comment on a situation where a marriage between two Indian citizens in India 10 years ago in India and registered . Now the wife has become a US citizen. Husband is Indian citizen and living in India. What is the status of the earlier marriage and how it is applicable to the now US citizen wife. If the husband wants to divorce which court should they go. Will the husband be now needed to give compensation and alimony to the US citizen wife??

Thanks Lawyers
Asked 2 years ago in Family Law
Religion: Hindu

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8 Answers

1. Even if one of the spouses later becomes a US citizen, the marriage of two Indian nationals that took place and registered in India is often considered as valid. The marriage is still legitimate notwithstanding the wife's change of citizenship.

2. If the husband wants to divorce, he can file for divorce in India where the marriage took place. However, he needs to fulfill the residency requirements. Even though the wife is now a US citizen, it’s 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.

3. In terms of alimony, it’s generally the husband who is ordered by the court to pay to the wife for sustenance, while and after undergoing a divorce. The court considers various parameters to decide on the amount to be given as alimony, including: income of the spouse(s), their standard of living and financial status. If the wife is working and drawing a salary that covers her living expenses, the court will certainly take that into consideration along with the husband’s income.

Sukumar Jadhav
Advocate, Mumbai
64 Answers

Marriage is legally valid for all purposes. It would be Indian court who shall have jurisdictions to try and decide divorce case. If wife has siluffucirnt source of income and is able to maintain herself then wife is not entitled to any maintenance nor to compensation. 

Siddharth Srivastava
Advocate, Delhi
1552 Answers

The said marriage can be dissolved both in india and US. The US divorce decree needs to be validated in india for its admissibility in india

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

She continues to be legally married 

 

divorce has to be filed in india as marriage was solemnised in india only 

 

court will pass orders regarding alimony .it depends upon your income , wife income etc 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Divorce will file in India. She is entitle to maintenance if she is not earning. Change in Citizenship has no effect. 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

The marriage solemnized in India is very much valid till this moment. 

If the husband wants to file a divorce case,  he can file a contested divorce in India itself on the grounds of cruelty for the reasons he may rely upon. 

If she's employed and drawing a handsome salary then she will not be eligible for maintenance. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Client,

Status of the Earlier Marriage:

Marriages are generally recognized internationally, including those contracted in India between Indian citizens. The marriage is still valid regardless of the wife obtaining US citizenship, unless there is a legal process such as divorce that has ended the marriage.

 

Jurisdiction for Divorce:

The jurisdiction where a divorce case should be filed can be complex, especially when the parties are residing in different countries. In many cases, divorce cases are filed in the country where one or both parties are residents, citizens, or have significant connections. The husband might file for divorce in India, and the wife may need to consult with an attorney in the US to understand any potential legal implications there.

Alimony and Compensation:

Alimony (also known as spousal support) and compensation can be complex issues and are often subject to the laws of the jurisdiction where the divorce is filed. If the husband files for divorce in India, the Indian family law provisions related to alimony would likely apply.

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

- If the marriage was solemnised in India, then husband can file a contested divorce petition on the ground of Separation in Indian court 

- Further, any case filed in US will not valid in India , if the decree passed by the US court in the absence of opposite party .

- Further, she cannot claim any maintenance/alimony  from her husband , if she is living separately without any sufficient cause , and if her income is more than husband. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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