Legal Question in Family Law in India

divorce in US 1

My question Is divorce on the ground of mental crulety by wife on husband valid in india if she has got no scope to fight her case in USA?

In my previous query i asked whether USA divorce valid in India or not?My wife will join me very soon.I want to file for divorce in US under the ground of cruelty.She is not ready to give divorce at any cost.but she cannot effort to fight her case in US.we are both hindu and married under special marriage act as per ritual in india.


Asked on 12/10/08, 11:55 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 12/10/08, 5:47 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorce in US 1

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

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Answered on 12/12/08, 12:26 am
Ankur Mittal MITAL & MITAL Advocates

Re: divorce in US 1

No.. the divorce would not be valid in India

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Answered on 12/11/08, 12:03 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 12/11/08, 3:43 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce in US 1

No the divorce would be valid in India only.

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Answered on 12/11/08, 5:45 am


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