Legal Question in Family Law in India
how can i get a divorce decree set aside?
my husband got divorce decree from the US. we were married in India. i heard that i can get the decree set aside. how do i do that? i have already sent a letter to the US court and an affidavit by a notary from India but it hasnt helped me any. how do i go about this?
3 Answers from Attorneys
Re: how can i get a divorce decree set aside?
in this situation, u may file a petition for RCR and claim your maintenance u/s 24 of HAMA and at the same time, u may start ur proceedings under Domestic Violence Act and can claim residence orders in the shared household. u may also file a suit for declaration that decree passed by US courts is not binding upon you.
Re: how can i get a divorce decree set aside?
Contact a local advocate.
Re: how can i get a divorce decree set aside?
The divorce granted by US court, while you being in India, may not be valid in India.
You may start proceedings in India claiming maintenance and other rights available to you under law; and in those proceedings you may seek a declaration that the US Court judgement is not binding.
In case any further assistance is required, you may write an e-mail providing complete details. You may also send a copy of the divorce decree as an attachment to email.
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