Legal Question in Family Law in India

I married in 2004 in India and soon after my marriage moved to US. However i had a rocky married life always. in 2010, my wife came to India with my son without my consent or informing me.

I filed a case in Indian High Court to get my son back and as part of reconciliation and agreement as facilitated by the Indian court my wife and son returned to US. However as part of the agreement in Indian High Court, both parties submitted a written affidavit that for any further marital dispute including separation, divorce, alimony, property distribution the jurisdiction will be US and not India.

After a few years of my wife's return to US, we again separated and my wife filed cases for alimony and property in US court. The case went to the court and she got 80% of the marital property and 6 years of alimony from US court.

However neither parties filed for divorce since we were waiting to become US permanent resident. Now that both of us are US permanent residents, I filed for divorce in US court. My wife has been served the papers here in US but she is refusing to respond to them. I can still go ahead and get the divorce here in US. However I have the following questions

1. Can she contest the US court divorce later in India even though she has submitted a written affidavit to Indian High Court that she agrees to US jurisdiction for divorce?

2.Keep in mind that the alimony and property distribution case were filed by her in US and she has got favorable judgement and far more money then she would have been given by Indian courts. Can she still now argue that she doesn't want a divorce based on US laws even when she has already submitted to US jurisdiction?

3. Can she file a 498A or stridhan case in India after divorce in US and after getting property distribution and alimony by US court?


Asked on 9/05/15, 5:12 pm

2 Answers from Attorneys

if she appear before US court and contest the case then the said decree is binding and if she receive alimony and settle her all claims then FIR u/s 498- A case can be quashed by court. for more details send me details of the case , so i can guide you.

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Answered on 9/06/15, 1:27 am

498a is a distinct offence and has nothing to do with the proceedings in US. Once you obtain the decree in US courts, you might have to file a suit u/s 13 for getting the same accepted by Indian courts. However, it is a general opinion and you can be guided proper only after your documents and statements before the High Court are perused.

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Answered on 9/14/15, 12:39 am


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