even complaining about husband to ex-BF ; aren't these any valid grounds for dissolving the marriage ? In worst case, if wife in USA is caught on webcam exposing her body parts to her ex-BF sitting in India Isn't that still an adultery or extra marital stuff ? Does it have to be physical in person for such a claim to be valid ?
Complaining about husband to ex-boyfriend without any valid reason or trying to insult husband before boyfriend or any third person amounts to an act of cruelty.
Exposing body parts is an act obscenity, which will be an offence under another law, however this can be mentioned to depict her lose moral or character which can be another form cruelty and a ground for divorce.
Extra marital affair or adultery is defined when both indulge into physical relationship outside the marriage.
. If I remarry my existing wife under Christian law in a local church in USA will it automatically revoke the marriage held under HMA last year in India ? Will christian laws apply on me then if I file for divorce ? Does it also require me to convert to christianity for escaping cruel elements of Hindu marriage law ?
From this it does not follow that the marriage tie is severed by conversion or by any act of the parties. Hindu law does not regard marriage as a mere contract. It regards that marriage makes the husband and wife one person. According to it, marriage is indissoluble and not even by sale or by repudiation is a wife released from her husband. It follows therefore that mere conversion from Hinduism has not the effect the unfastening the marriage tie. The result is that it has been held that a married Hindu convert to Christianity commits the offence of bigamy if he or she marries when the Hindu spouse is alive unless the first marriage is dissolved.The marriage prior to conversion is not dissolved by the conversion.
If a Christian having a wife married in accordance with Christian rites marries another in accordance with Hindu rites he is clearly guilty of the offence of bigamy. The legality of the first marriage in such a case is beyond doubt. It is because that the second marriage by a Christian cannot be considered a marriage at all that he is punished for bigamy. The fact that the second marriage is also void as it was entered into with a Hindu woman does not make it less bigamous.
Q3. Lets say wife goes back to India and then If hindu husband goes for Ex parte divorce is in USA then I know that this divorce has to be registered/verified in Indian courts as well. If wife receives summons from US court and refuses to come to USA saying she cant buy ticket then husband is willing to pay travel expenses ; in that case will it still be possible for wife to say No and refuse to accept the ex-parte divorce ? How are such cases dealt with wherein wife and her family are given proper communication and still wife refuses to attend US court inspite of no ticket or visa issues ?
Exparte divorce in US will not be recognised as valid divorce in India.
There should be proof for service of summons and her refusal to attend the court, however even on such circumstances the exparte divorce granted in a foreign country is not recognised as per Indian laws .
Any divorce granted without participation of one party to marriage shall not be held as valid divorce in India.
Q4. Is 125 crpc still valid after divorce ? Or is it invalid if divorce is MCD/Mutual consent types ?
Yes, it is maintainable even after divorce.
Q5. Will a Canadian nationality help avoid the evil and mostly falsely made up clutches of HMA such as 498a, DV etc ?
What is Canadian nationality or citizen doing her in India to attract 498a?
What is your question?
Do you mean to say that you are a Canada citizen hence whether the Indian laws will be applicable to you?
If you have married as per Indian laws, you are bound by the Indian laws for the matrimonial offences against the complaint given by the aggrieved party.