Execution of Foreign Divorce Decree
Hi, My husband obtained divorce in US . I was never served any summon and neither did I get any certificate. I had to come back to India as he had deserted me in US and I was not having any money to survive there. Totally broken and after waiting for one year for him or his family to accept me I also filed for divorce in India in 2013 and that is when I came to know that he had already got divorce from US with all wrong allegations on me which is unacceptable to me.My questions are:
a. Do I need to first set aside his ex-parte foreign divorce which would be, I guess, invalid in India and then proceed with my divorce case.
b. Was he not supposed to get his foreign decree validated/ executed in Indian court as well so that I get a chance to either accept it or set it side or court to decide whether its valid or not.
c. I tried to get the summons served many times but succeeded only two times wherein once he accepted and second time he refused. Can I ask the court to go for ex-parte divorce specially when he already has got one fraudulently.
Experts please help me as I am tired of running around and not getting any clear answer to these questions which is just wasting my time.