• Divorce jurisdiction in USA

Spouses are green card holder in USA. One spouse has filed divorce petition in India.If other spouse wants to file divorce petition in USA. pl clear the US law on it
Asked 9 months ago in Family Law from Bareilly, Uttar Pradesh
Religion: Hindu
1) i presume marriage has been performed in india 

2) if so spouse can file for divorce in India 

3) if one  spouse files for divorce in USA then other spouse cans eek an injunction for stay of proceedings in USA courts 

4) she can object to jurisdiction of USA court as marriage was not solemnised in india and divorce s sought on grounds not recognized by HMA 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
stay can be sought in India of subsequent divorce proceedings filed in USA court 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
you can file divorce petition in USA , both can run concurrently. there is no such bar under section 10 code of civil procedure. but you have to get its execution in India by filling suit on the divorce judgment passed in USA. so divorce must be granted by USA court on any of the ground mentioned in section 13 of Hindu marriage act. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
You can file divorce petition before US court on ground such as no fault divorce or irretrievable breakdown of marriage or on fault based divorce like cruelty etc. 

US court has jurisdiction to decide your case and case filed in India cannot put bar on the US court to hear your case. But if court decides your case you cannot execute in India without filing execjtion petition. Suit filed before foreigh court also cannot prevent indian court to hear same suit in  india 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
The US law can be touched on only by a US attorney. However, if one spouse has filed for divorce in India it makes no sense for the other spouse to file for divorce in US. If the marriage took place in India then the other spouse is a subject of Indian law. Better contest the divorce in India or apply for mutual divorce in India to amicably part ways.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Spouses are green card holder in USA. One spouse has filed divorce petition in India.If other spouse wants to file divorce petition in USA. pl clear the US law on it

If both the souses want to part with each other by way divorce by dissolving their marriage by a decree of divorce what it matters be it any country's law?
Why dont each other reconcile and agree for a mutual consent divorce on the terms that are mutually acceptable to each other?

Well, if one of the spouses has filed a divorce case under the US laws and it has not been contested by the other spouse resulting into an exparte divorce at US this divorce is not valid in India as per Indian laws.   The divorce granted under mutual consent or contested grounds are valid in India. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
ground that already divorce petition filed in india by one spouse other can be stopped to file divorce in USA?

The fact of the pending divorce case in India has to be mentioned in the divorce suit to be filed in US or else it may be termed as suppression of fact material to the case if detected later on and may be considered as fraud played upon court resulting into embarrassing legal consequences. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Hi 
You can file the divorce petition in USA as you are a green card holder. 

A green card holder identifies its holder as a U.S. permanent resident, with rights to enter, exit, work, and live in the United States for their entire life and hence they are governed under process of US laws. 

Filing of a divorce petition in India does not prevent the other person from filing a divorce petition in USA. We are seeing people filing divorce petitions in USA soon after the spouse files in india and the speed at which divorce decrees are granted in USA are in fact bringing the parties to the negotiation table( as it involves green card, future citizenship and also alimony).

Also please note that the  indian courts do not recognize the  USA divorce decree, if the proceedings are ex-parte. Both the parties should have contested the divorce or given mutual consent divorce. 

There is no arrangement wherein the USA Courts can transfer the divorce proceedings to india and vice versa. 
 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0

Ask a Lawyer

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

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12138 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0