Legal Question in Family Law in India
Hello,
I am hindu guy got married with hindu women in india under hindu marriage act.I am working in US on h1 visa.I am holding indian passport.I want to file divorce in US on no fault ground (irreconcilable differences).But i have read that my wife can challenge divorce decree passed by US court in india.
I want to know as recently cabinet has passed irretrievable breakdown of marriage as ground for divorce so can my wife still challenge US decree on the ground that no fault divorce ground does not exist under hindu marriage act?
2 Answers from Attorneys
it has only been proposed that irretrievable breakdown of marriage can be included as a ground but so far there is no notification.
You are NOT entitled to seek divorce in USA until you acquire status of a citizen there. The decree obtained by you, if any, can be challenged by your wife in India.