Legal Question in Family Law in India

Re: divorce in US 1

The settled legal position is this :

"If both the parties are Hindus, Married took place in India, both or one of the parties continue to be citizen of India; then the divorce granted by courts in USA will not bind the opposite party in India."

In view of the aforesaid settled law, if you get divorce from a court in USA, that divorce will acquire the infamous name of "Nevada Divorce" and may bring more trouble to you than you are trying to solve.

The real solution is either a compromise or a legal contest in India as per India laws.

Unfortunately, though seemingly a victim, you are falling in the category of "NRI deserters". If you have any interest to visit India ever, you should better avoid this situation.

Re: divorce in US 1

In india the ground of cruelty is one of ground for divorce. May it be physical or mental cruelty.

Re: divorce in US 1

No.. the divorce would not be valid in India

Re: divorce in US 1

as u both were married in India, it is advisable to file the petition here in India to avoid any future complications. even though u file the petition in US and despite the fact, she would not be able to fight the same there, she can still file a number of cases, both civil and criminal against you and your family members here in India. furthermore, it seems to be ur misconception that she cannot defend her case in US. the Indian Embassy and associate officers may help her in this situation by providing free legal aid.

Re: divorce in US 1

No the divorce would be valid in India only.