• International Divorce Case (India-USA)

Hi there,
I got married on dec 26, 2015 to my distant cousin from US (US citizen), just nikah no vidayi, she left for US on the second day of the wedding as this was moreover a ceremony for documents required to file spouse visa. I recently got to know about her past relationships and even after she got married to me she was hanging out with her ex bf, i have all the evidence like chat history, screen shots of her chatting with her ex bf, guy friends, shows her character in bad light. I actually wanted to see if there is a chance to still keep this relationship. even if i want to end i want to do it according to qazi way of divorce where everything can be mentioned on the divorce documents. 

My questions are 
1. Can she file divorce case while she is still in US ?
2. If yes what should i do to stop her ?
3. what necessary steps i should take to make my position strong as i dont want to give divorce without the actual facts being mentioned on record ?
4. How can i force her to come down to india for all the court proceedings ?
5. Does the court recognises evidence like chat history where she is talking about her past relationships with ex's and affairs. also things like screen shots of her chatting with ex asking him out to meet, asking me not to show her past to her parents or any other family members ?
Asked 8 months ago in Family Law from Hyderabad, Telangana
Religion: Muslim
1) your wife can file for divorce in USA 

2) you should object to jurisdiction of USA court as marriage was solemnised on India as per Muslim personal law 

3) you can file for divorce in India but cannot force her to come downto India 

4) if wife does not participate you can get experts divorce 

5) chat history is admissible in evidence 

6) however please note that her affairs before marriage are immaterial . If she had relationships after marriage then it will help you in your divorce case 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Can she file divorce case while she is still in US ?
Opinion yes she can.
2. If yes what should i do to stop her ?
Opinion: being a muslim you may divirce her by pronounced divorce trice before minimum two muslim witnesses and yiu have to pay her mahr and four month 10 days iddat period maintenance and also have to do some special lrovision for her livelihood if she is unable to maintain herself, as per quran.

3. what necessary steps i should take to make my position strong as i dont want to give divorce without the actual facts being mentioned on record ?
Opinion: first of all issue a talaqnama signed by you and witnesses and after that issue a legal notice through your counsel regarding the same.

4. How can i force her to come down to india for all the court proceedings ?
Opinion: which type of court proceedings, being a muslim you can not file any divirce case against her before court.

5. Does the court recognises evidence like chat history where she is talking about her past relationships with ex's and affairs. also things like screen shots of her chatting with ex asking him out to meet, asking me not to show her past to her parents or any other family members ?
Opinion: yes, all the degital and electronic evidence can be admissable as per section 65B of indian evidence act.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
 

1) your wife can execute POA for purpose of filing of divorce petition in India 

2) you can file your detailed reply in divorce proceedings . Deny the allegations 

3) gather evidence of wife affairs after marriage 

4) contested divorce proceedings in India take 5 years 

5) among Hindus divorce cannot be filed unless period of one year has elapsed from
Date of marriage . 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1. If she is residing in US then she is a subject of US law, therefore she can adopt her remedies under the framework of US law. You can contest the case as and when she files.
2.  You cannot force her to return to India.
3. In India the courts take prima facie view of the chat history and other social networking messages. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
She is free to apply for divorce in India even while she is is in US. When the court summons you then you can opt to contest her case on merits. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
she cannot file divorce case in USA because according to personal law of Muslim in India wife has no right to get divorce. She can get "khulah" only. 
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
you should give valid talaq i.e. publication of talaq before your relatives (if sunni muslim) or give talaq in writing and in the presence of two witness along with payment of 10 dirham (if shia muslim).

marriage is a civil contract in muslim personal law so termination of contract in legal way is necessary. 

give talaq and pay mehr which is decided at the time of niqah. husband is not bound to establish valid reason of talaq like hindu. 
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
1. Can she file divorce case while she is still in US ?

It is you who are aggrieved by her continuing  adulterous  life even after marrying you, so why are you bothered about she filing a divorce case against you, in fact it is you who have to initiate the process from your side to discard her from your life.  Well, she can file a divorce case at US if the law permits her to do so for a marriage which hardly lasted for 6 months, but you can always contest the same and denyall her allegations to prove her false especially based on the evidences you possess to prove her adulterous life. 



2. If yes what should i do to stop her ?

Yes you can decide to contest and prove her false with the help of merits in your side.



3. what necessary steps i should take to make my position strong as i dont want to give divorce without the actual facts being mentioned on record ?

The documentary evidences in your possession to prove her adulterous life shall make it a strong challenge to her false divorce case and you can bring her character to the lime light,  she may try to come for a compromise during which you can dictate terms. 


4. How can i force her to come down to india for all the court proceedings ?

Being a US citizen, you cannot force her to come to India even you may try to utilise any law, because she is not a hardcore criminal that you can seek for her extradition.  Ignore it if she fails to come to India, you can proceed as per your own action plan on this issue. 



5. Does the court recognises evidence like chat history where she is talking about her past relationships with ex's and affairs. also things like screen shots of her chatting with ex asking him out to meet, asking me not to show her past to her parents or any other family members ?

All these things are not admissible as evidences in the Indian courts of law.  It is a mere waste of time to establish her adulterous character by producing such evidences as they cannot be considered in the court even to corroborate your statements. Moreover, being a Muslim by religion,  you cannot file a divorce case in the court of law, you should settle it as per sharia law by pronouncing talaq before some witness and communicate the same to her  properly and to follow the post talaq procedures by offering her the mehr amount and observing iddat formalities. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Can she file a divorce case in India while she is still in US ? If yes what should i do to make my position strong ?
Can you give me few pointers where i can make this a lengthy process and let the matters settle down as i want to give this relationship another chance ?
I think i read some where that divorce cannot be filed if the marriage is with in a year. Is this true ?

Husbands and wives vow for each other, yet there have been innumerable cases of betrayals by the spouses.
A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage under  the Dissolution of Muslim Marriages Act,1939..
Dissolution of Muslim Marriage Act 1939 has enabled women to seek divorce on the grounds of cruelty without having a free of loosing a substantial part of her property. Earlier, before the enactment of this act Muslim women did not have this advantage to file an application for divorce on the grounds of cruelty but now she can do so. This act has proved to be a boom for all Muslim women.
Therefore sh can file a divorce suit in India since the Nikah has been solemnised in India. 
There is no such provision in the said law that a woman cannot file the divorce suit within one year from the date of marriage. 
If you have decided to give another chance to save your marriage, you can contest her divorce case to the core by throwing a open challenge to all her allegations which are the base for the grounds of divorce case filed by her. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0

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