1. Well, you can no blow hot and cold. The decree was passed at your instance and you can not challenge the sme decree. You rather challenge the proceeding u/s376 IPC on other ground as merit of the caseso prescribes.

2. Photocopy is enough to take prima facie value of the document and for registration of FIR photocpoy is enough.

3.Since the cases are contradictory in nature you cna challenge the cases in quashing sa both 498A and 376 case cannot run simultaneously for obvious reasons.

4. POA holder issue is not clear to me.

5. Yes you can do so.

1) no case of rape is made out as she is still your legally wedded wife. file for quashing in HC

2) irreconcilable differences is not ground recognized by HMA .the Us court judgment ought not be considered for filing filing case under section 376 of IPC

3)court ought to insist on certified copy of judgment before taking cogzniance

4) 498A , DV cases were filed before you obtained divorce decree . hence they are maintainable . if they are filed after divorce decree then DV case is not maintainable

5) settlement agreement is binding upon you . . on basis of agreement file for quashing in HC

6) if decree is accepted by your wife then family court wont nullify the decree

Sir , if you have any sufficient evidence which shows that your wife knew about the ex- parte divorce , the FIR under 376 is not maintainable.. Secondly, for applying 376 it is pertinent to proove that she had a physical intimicy when she again visited USA .. Again, how did she came to know about your ex- parte divorce , just after coming back to India and filed for 376.. Whether her medical was done by the medical officer to find out the possibility of rape.. All these factors points out doubtful story of prosecution.. It is advisable to approach high court against the 156(3) order of session court

A. yes you can go ahead and file an FIR quashing on this ground and say that I was not aware about this legal facet at the time of filing the Divorce case and only later I came to know about the same. And then since difference between me and wife were sorted out, we decided to cohabitate. Also you can take one ground that all the allegations are false and cohabitation never happened.

B. USA judgment can not be considered per se.

C.See sir what you read on internet is not always the exact position of law, the court has ordered to register an FIR that does not mean that you are a criminal that just means that further investigation will be conducted.

D. that can be done, since all of them involves different questions of Law.

E. Yes you can, but that will be a tedious process since the same has been accepted by you through you POA.

F. You being the decree holder can not ask the judge to declare the decree as nullity.

Regards

if your wife consents to divorce decree granted by US courts divorce decree would be valid in India

2) you can file petition under section 7 of family court act for declaration that marriage is dissolved by US divorce decree

3) if your wife does not give any objection than family court would validate the decree

4) you cannot file petition for declaration that US divorce decree is not valid . your my PoA holder has signed a settlement agreement which your wife also consented and accepted the USA exparte divorce on grounds of irreconciliable differences

1. Foreign Decree of divorce passed is not valid in India untill got validated by local District court against fikling an application to that effcet. In your case you should challenge the impugned oerder passed by the Delhi district court before the High Court. It will not be prudent oin your part to file a quash petition since ordinarily High Courts do not entertain quash petitions before charge sheets are filed. The order passed by the Delhi District court appears to be erroneous.

2.No application u/s44 A has been filed before the District Court for getting the foreign decree executed in India. So, you are still considered as her husband as per indian law. No charge of rape can be l;eveled against you foir having s*x with your wife with her cobnsent in USA.

3. The order of the Delhi District Judge can be challenged before the High Court. Photocopies of documenrts can not be accepted as evidence.

4. Challenge the impugned order f delhi District MM Court before the High court.

5. Your wife's acceptance of foreign decree does not make it applicavble in india. it shall have to be validated by local District Judge. So, you can still consider as her husband as per india law.

6. You can file a petition for gettingbthe said decree validated and in that case you shall be treated as divordced from her from the date of the order of the District Court duly validating the foreign decree of divorce. Any day before that date of validation, yuou were her husband andf no rape charge can lie against you for having consensual s*x with her.

1. You can file a quash petition before high court but the reasons what you have stated cannot be held as valid reasons because it was you you had initiated the divorce process and you know it better that you have already divorce her as per law of that country, hence any attempt to say that this null and void by you can be considered as an act amounting to cheating and malicious, so it may even backfire your own case. You may look for some other reason for seeking to quash FIR.

2. The case filed in India is under section 376 IPC, you cannot compare this to the US laws, you have to challenge this case as per the provisions of law and merits in your side instead of arguing on vague and irrelevant things.

3. The points you have raised is a matter of trial and cannot disputed at the initial stage. The maintainability of the case can be decided only after conclusion of trial in the case filed against you.

4. It is not for the court to conduct joint trial in all the cases.

Moreover all the three cases are of different nature and different provisions of law.

You have to contest and challenge each case on its merits, the court will not go into the details of one another cse until it is brought to the notice of court during trial proceedings of all the cases separately.

5. If a settlement is arrived accepting the divorce as per exparte divorce passed by US court, you will be in deep trouble in the charges under the provisions of section 376 IPC.

6. An Indian court has no power to nullify the decree passed by a foreign court.

The decree passed by a foreign court granting exparte divorce is not valid in Indian laws.

I didn't get the clarity. If I am a decree holder of judgement obtained from USA which is not valid as per HMA and as per CPC section 13. How can the family court still validate the decree, no matter my wife consents to it or not.

When the grounds for divorce as per HMA does not contain 'Irreconciliable differences' as an option for the Divorce, how can the family court consider this decree valid.

The question is not about the validity of the decree passed by US court in the Indian court.

The case against you is for an offence under section 376.

You have to defend your interests on the merits which you have to think about by producing before the court accordingly.

Although I am the one who obtained the divorce decree from USA, can I not go to family court to ask them if my decree is valid or not? Although, my intention is to get the decree invalidated for getting out of IPC u/s 376 case, I can give the reason to the family court that I want the court's opinion for deciding my future course of action, i.e. if I need to file for divorce petition in India or not.

You cannot approach any family court in India to seek its opinion about the validity of your foreign divorce exparte decree.

You can have the remedy of filing divorce case in India against her on the grounds you rely upon if you feel that this exparte divorce is not valid as per the Indian laws.

For divorce in India, you can approach jurisdictional family court in India stating that the exparte decree passed in this regard by a court in a foreign country is since invalid.

There is no such petition like 'Petition to check if Ex parte USA Decree is valid'. I have already told you the cause of action in the previous reply. The decree that you are having in in valid per se and does not need any authentication from the court.

Regards