Legal Question in Family Law in India

Re: Divorce in USA

your divorce will be valid in india provided when you filed the divorce, there was no matrimonial proceedings pending in India and at the same time, after the decree absolute is issued, you need to file a suit in india to get the same authenticated here.

Re: Divorce in USA

your details are much less to answer query.

Re: Divorce in USA

An appropriate opinion may depend upon the following factors :

(1) Your religion in India and the method of solemnization of your marriage;

(2) Your immigration status in USA.

(3) The immigration status of your wife.

A person is not entitled to seek divorce in USA merely on the basis of his "staying" in a particular area.

One may be "staying" on a visitor visa (B-1/B2) or on a temporary work permit (H-1B), a student (F-1) or in an exchange program (J-1) or as dependent of any of the above. That status will not confer jurisdiction on USA courts to adjudicate your marriage dispute.

If you are a Hindu, and married as per Hindu Marriage Act, 1956, your marriage can be dissolved ONLY on the grounds mentioned in this Act. There is no such ground as "Irreconciliable differences" in the Hindu Marriage Act.

If you proceed to seek divorce from the Carlifornia court, there is another danger. Even if the court grants you the divorce, such a divorce will NOT ONLY BE INVALID and INAPPLICABLE in India, but you may be liable for CRIMINAL PROSECUTION. Such a divorce is a fraud against India laws.

Even for USA residents, divorce granted by another State without adequate proof / status of both the parties being resident of that State, may not be valid.

Such type of divorces have named as NEVADA DIVORCE as their origin from the State of Nevada. A gentleman from one State went to Nevada, stayed in a hotel, filed a divorce petition against his wife by claiming himself to the resident of Nevada. The wife challenged that divorce in the State where the parties had residence. The divorce decree was nullified.

My advice : If you are a young HINDU male having married a girl in India as per Hindu rites and ceremonies; and now you are hooked with an American girl to meet your 'immigration needs' and are wanting to get ride of your wife, the CA divorce is not a remedy. You may rather go back to India, talk to your wife and her relatives and find an amicable out of the court solution by giving them adequate compensation. You may need to realize your mistake sooner or later and pay for it. An early compromise with the girl/family may protect you and your family from CRIMINAL PROSECUTION in India under IPC and DVA.