Legal Question in Family Law in India
how to execute foreign ex-parte divorce decree..need help
i am NRI .obtained exparte divorce decree from USA.I would like to know how to execute the decree in India.some one told me ,foreign exparte divorce decree can not be executed in india. pls tell me how to execute the decree?. when i filed for execution ,is it necessary to send summons/intimation to my ex-wife who is in india?. can i execute the decree with out her knowldge?,pls help me...
5 Answers from Attorneys
Re: how to execute foreign ex-parte divorce decree..need help
The decree obtained by you may have no legal force in India.
There is no way you can conceal the decree from her and also seek execution.
You may be guilty of fraud and your may seek your criminal prosecution.
You may better seek an amicable out of court settlement of the dispute with your wife to avoid unncessary litigation and a possible jail term.
Re: how to execute foreign ex-parte divorce decree..need help
there is no need to execute divorce decree passed in US but you need to get the same recognized by the indian courts and for that you will simply have to file a civil suit and surely the summons would be sent to wife and in case there is no litigation pending in India, your decree would be recognized.
Re: how to execute foreign ex-parte divorce decree..need help
Yes in my several previous answers I have mentioned that the divorce decree granted by US courts in USA against the HMA is not valid and enforceable in India.If you were married as per HMA then you have to seek divorce in India and in the jurisdiction where you are resident at the time of your marriage.
Re: how to execute foreign ex-parte divorce decree..need help
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Re: how to execute foreign ex-parte divorce decree..need help
contact a local lawyer.