Legal Question in Family Law in India

US divorce
I got married under hindu marriage act two years ago.I want to divorce my wife but she is refusing to give me divorce.I work in US on H1 visa.I have filed for divorce in US on the ground of irreconsible differences.My wife have sent her response to US court that she is not subjecting herself to juridiction of US court.

I know this divorce willl be void in India.I don't have any plan of goingback to india.But as my divorce will be valid in US can i marry in US?My attorney in US said that i can marry in US as divorce will be valid in US.Or can she put biagmy case against me in india as divorce will be void in India?

Asked on 2/13/09, 8:07 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: US divorce

She can surely put a bigamy case against you in India.

Moreover, you being on H1 visa, the validity of divorce by a USA court is very mcuh doubtful even in USA. You may be rather careful about the legal aspect of such a divorce; The Niveda divorces are frowned upon even in USA. These are considered as 'fraud' upon the statute.

Your wife may also be entitled to seek a USA green card on the ground of cruelty and may seek your criminal prosecution ALSO in USA which may result into your arrest, deportation and a permanent bar on entry into USA.

If a case is pursued against you properly by your wife, she can seek cancellation of your H1 and arrest by I.C.E. for cheating, fraud, cruelty and domestic violence.

Answered on 2/13/09, 6:23 pm

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