• Wife (H4) has filed Domestic Violence and ex-parte divorce in US

I have a very unique situation:

We are married for 12 years with a child who's a US citizen. We are Indian citizens and were married in India according to the Hindu Marriage Act. I am currently in Caifornia on H1B visa. My wife (on H4 visa) lived in California till February this year when she relocated to India with the child. I went to India in March to complete the mutual divorce process as we had already agreed on that. But at the last moment, she backtracked and didn't want to settle the matter mutually. No court case whatsoever was filed in India and that was my mistake. I came back to California in April and was waiting for my job transfer (intra-company) to India. My employer confirmed my job transfer in the beginning of June. I was all set to go back to India and settle the divorce mutually. But in the meantime, my wife went to the US consulate, took their help and came back to California with the child around the end of May. After coming back, she has filed a bogus Domestic Violence and an ex-parte divorce case. She has also asked the court to impose Temporary Restraining Order on me. I have no contact with her so I don't know if she is in the Asylum status or on H4. She doesn't have a job and she doesn't know how to drive.

I am all set to relocate to India with the job transfer but there is a court hearing on 21st June in California. Please advise on the following:

1. Is there any way I can get the Indian court to over-rule the divorce proceeding in California ? If yes, can I get that done remotely ? What is the procedure ?
2. I don't want to participate in the divorce in California because my wife may go back to India right after the divorce and screw me up again.
3. Spousal and child support should be based according to the Indian life-style and cost of living as I am going to be settling down in India soon.
4. I have a property in India under my name only. The California court will probably order a 50-50 split. The California court will also probably order 50-50 division of all other assets.
5. What else should I do to protect myself in India against my wife's harmful attitude ?
Asked 6 months ago in Family Law from United States
Religion: Hindu
1. The Indian court can not set aside the judgment of US court and the vice versa.
2. If you do not participate in US court proceeding and come to India then you can avoid compliance of the US court order and initiate fresh proceeding in India.
3. Yes, now you would be governed by Indian law and the order of US court may not be implemented in india.
4. The order of California as I advised earlier will not be binding on you if you do not participate in the proceeding therein.
5. Come to India asap and file a suit for divorce of RCR subject to your convenience.
Devajyoti Barman
Advocate, Kolkata
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1) you have to in reply to summons object to jurisdiction of US courts as marriage was solemnised in India 

2) you can file petition for divorce in India and seek stay of the divorce proceedings in USA as marriage solemnised in India 

3) sell your property in India 

4) in India wife does not have 50 per cent share in husband assets 

3) 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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At the cost of repeating the same advice I reiterate that you must not participate in USA court proceedings.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Has the decree been passed by the court? A court in India cannot issue injunction against pending proceedings in a foreign court but once the decree has been passed it can be set aside as illegal by the courts in India. The courts in India are loath to uphold foreign decrees passed ex parte as they prima facie offend principles of natural justice. To this end you are required to file a lawsuit for declaration in the competent Indian court.

2. Under the Indian law a wife has no share in the property of her husband.

3. It is possible that your wife may hit back with criminal complaints for dowry harassment and domestic violence, which you should be prepared to contest after applying for anticipating bail.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
If you participate in proceedings before the CA court you will close the doors of Indian courts for yourself;
Ashish Davessar
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1. Is there any way I can get the Indian court to over-rule the divorce proceeding in California ? If yes, can I get that done remotely ? What is the procedure ?

Indian court cannot interfere in the court proceedings happening in any foreign country.








2. I don't want to participate in the divorce in California because my wife may go back to India right after the divorce and screw me up again.

Dont participate in the divorce proceedings, let she obtain exparte divorce, but this exparte divorce is not valid in India, she has to file a contested divorce in India to dissolve the marriage.
My question is that you have already planned to get a mutual divorce in India, then why do you want to lost the opportunity now have been given at US, any special reason?





3. Spousal and child support should be based according to the Indian life-style and cost of living as I am going to be settling down in India soon.

If this is what is preventing you from participating in the US divorce process, you may either enter into an agreement with her on that line or simply leave it exparte and do not bother any order by court in this regard because it is not binding on you once you are in India.





4. I have a property in India under my name only. The California court will probably order a 50-50 split. The California court will also probably order 50-50 division of all other assets.

The answer to question three will be applicable to this too.





5. What else should I do to protect myself in India against my wife's harmful attitude ?

You first return to India and settle down after which you can challenge all her false cases and claims. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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How much jurisdiction does California court has on an Indian citizen living in India ? I am asking because if I participate in the divorce in California and if there's any dispute between me and my wife regarding alimony and child support, how do we solve that (if she stays in the US or she comes back to India)  ? Do we have to always keep the California court informed of any changes in our financial status ?

If acourt in California pases a judgement in a contested or mutual consent divorce, the conditions attached to it or enforceable.
She can file an execution petition in Indian court to execute the court decree, this is with regard to consent or contested case.
But if it was an exparte order, it will not be having a binding effect in India, she cannot execute an exparte decree/ order and the conditions thereon in India. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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