Legal Question in Family Law in India
more details to my question.............
my brother who lives in USA got ex-parte divorce decree from US court in june 2009. my brother wife has no visa to come to US .So his wife who is in India has filed a suit in may/june 2009 in Indian court asking for injunction order to restrain my brother from marrying second time. The indian court passed an interium injunction order in june 2009 restraing my brother from marrying second time and also sent notice to my brother. we consulted three lawyers. They advised us not to accept the indian court notice. as they sujjested us , my brother refused the indian court order. It is learnt that my brothers wife also recently filed a suit in indian court challanging the ex-parte divorce decree which my brother obtained from US court. But my brother still did not get any notice in this case. my lawyers told us " if my brother contest these two cases, it will take atleast 3 years to complete .so you need not contest the cases.let the indian court pass any order. you need not worry about that.simply return/refuse the court notices.".
my lawyers also told my brother marry second time with his wife knowldege.as there will be no evidence for his second marraige , his wife can not do anything.
so my brother is looking for second marriage.
i have a question.
are there any problems my brother will be going to face in future , if he follows the lawyers advise?
what happens if my brother marry second time in USA with out his wife knowldge?
what happens if my brother go against indian court orders in those two cases?
Kindly guide us .
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we are from hindu religion. my brother is having H1B visa ( work permit). he is not a green card holder or US citizen..
his marriage was performed in india as per hindu marraige act and customs .
4 Answers from Attorneys
As I replied to your query earlier, your brother will have to get decree of divorce confirmed by the Indian Court, in which notices will be sent to the other party to appear in the court. Without which the second marriage holds no value in the eyes of law. Keeping in view the interim order issued by Indian Court, if your brother attempt to re-marriage, he may be prosecuted for contempt of Court.
It will be better to settle the matter amicable through mediation. Where after compensation both your brother and his wife can jointly apply for divorce in India, this will cost money to your bro, but is the endurable solution.
You may contact me on phone/ emails with details at:
S.Seshadri
Chennai Office Phones: 98403 20808 /28515229
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the lawyers at US have wrongly advised your brother to not to accept notices or contest the cases. he has to contest the cases and also has to file a suit for getting his ex parte decree authenticated by the indian courts. once it is accepted by indian courts, all the petitions of the wife would be dismissed as infructuous. in case your brother marries for the second time despite there being a stay, he would invite more trouble as he can be charged for the offence of bigamy. better adopt a suitable legal way to solve the problem and it would not consume much time as well. foreign decrees are acceptable in india unless obtained playing fraud upon the opponent.
You have been wrongly advised. The second marriage may land him in trouble making him to suffer criminal prosecution and a possible jail term.
The authorities may also impound his passport and seek revocation of his visa,. If his passport is impounded, his chances for applying Green Card in USA will be nullified.
You are advised to settle the dispute amicably and avoid litigation.
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