Legal Question in Family Law in India
divorce in US
I am hindu boy married hindu girl under special marriage act.I am inH1 visa working in US.My wife is in H4 visa.She is in India right now.But she has infrom me that she is coming back.I want to file for divorce in USA.But my wife is against giving me divorce.If i get divorce in USA
against my wife's wish means one sided divorce as she cannot effort to fight her divorce case in US is this divorce valid in India?
5 Answers from Attorneys
Re: divorce in US
first tell me if you both were hindu then why and how you got married under special marriage act. it must be under hindu marriage act. SECONDLY COMING TO YOUR QUERY FIRST YOU CONFIRM THE LAW OF U.S.A THAT HOW AND UNDER WHAT CIRCUMSTANCES THEY CAN GIVE EX-PARTE DIVORCE(LEGAL TERM FOR ONE SIDED DECISION). WELL IF YOU MANAGE TO GET THAT THEN SHE CANNOT CHALLENGE THAT IN INDIA. AND IF AT ALL SHE HAS TO SET ASIDE THAT DECISION SHE HAS TO GO TO SAME COURT. BUT THERE ARE SOME HARMFUL PARTS REGARDING IT. I STILL NEED SOME DETAILS REGARDING IT TO ADVICE YOU.. KINDLY MAIL ME AT [email protected] or [email protected] or 919872784202(for calling). thanks.
Re: divorce in US
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Re: divorce in US
No, that divorce will have NO LEGAL VALUE in India. Even if your wife has capacity to contest the divorce in India and loose; or grant you consent for divorce, she may still challenge that US Court divorce decree in India.
The settled legal position is this that if both the parties are Hindus, Married in India, visiting USA on H-1/H4 visa, then the divorce granted by courts in USA will not bind them India. The USA court has no territorial jurisdiction over visitors. What to speak of a party in India, the Court in one State in USA may not have jurisdiction over the person living in another State in USA. A divorce obtained by NC husband against a wife in NJ granted by a court in Nevada was set aside on this ground. Therefore these divorces have been now lablled as "Nevada divorce" having no legal force.
In view of the aforesaid settled law, if you get divorce from a court in USA, that divorce may bring you more trouble than you are trying to solve.
The real solution is either a compromise or a legal contest in India as per India laws.
Re: divorce in US
as you yourself are on H1 visa, by US laws, u cannot file the petition for divorce there if the marriage was solemnized here in india.
Re: divorce in US
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