Legal Question in Family Law in India

Hi,

My husband and I are citizens of India , living in united states. I was married for a year when my husband filed for divorce in USA about 2 years ago. I opposed the petition based on the fact that my marriage was held in India and was performed according to Hindu Marriage Act. However, the US court dissolved the marriage ( as the residency requirements were met) but did not take any decision on the property citing jurisdiction issue. In the meantime, I have filed for divorce in India as well and have been fighting the case for the past 2 years. I am at a position where I just want to end the case as it has completely drained my energy.

Is there any way for me to accept ( Or Register) the divorce proceedings of USA in India and give a written petition to the Indian court to not have any property division based on the short marriage? Will it help to speed up the process and help me get the divorce in India quickly.

Any help is greatly appreciated.

Thanks


Asked on 8/06/13, 6:37 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. You have the option to either accept divorce granted by US courts or challenge the same in India and seek a declaration that the divorce is illegal and marriage is still continuing.

2. Your decision to file divorce petition in India does not appear to be appropriate - if you want divorce, you already have one.

3. The divorce granted in USA can be made operative in India for collateral purposes - property, alimony, etc.

You may write me a detailed email for further guidance.

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Answered on 8/06/13, 7:14 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

As advised to your father, you can get divorce expeditiously and for that, the lawyers need to go through all the facts and figures.

Thanks & Regards

Adv Rajiv

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Answered on 8/06/13, 10:10 pm
prasad patil

dear client u can accept the u s divorce to end the proceeding. but u can claim maintenance or alimony from husband in India. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 8/06/13, 10:38 pm
uttam Tibrewal

dear mam.....

for immediate reply kindly mail me ur matter at [email protected]

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Answered on 8/07/13, 12:32 am


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