Legal Question in Family Law in India
Hello,
I got married under HMA in india.Both my hubby and i are indian passport holder.My hubby works in US on H1 visa.He has filed divorce in US on no fault ground.I filed suit of injunction against his divorce petition in US and got interim order in my favor.But now the case is going on for making the interim injunction permanent.Judge is asking is there any judgment of permanent injunction against foreign divorce case.Can court make interim injunction restraining his from continuing divorce in US permanent?
3 Answers from Attorneys
No
You can defend divorce petition in US on the ground that u got married in India and therefore divorce is to be done in India only coz only india act applicable in ur case.
Regards
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Usually the US court grants divorce in the very first hearing itself. So first ensure that the US court has not granted the " no fault" divorce before asking for Permanent Injunction in Indian Court.
You will have a very strong case for permanent injunction in case your hubby was served of the notice of Indian court and interim injunction granted ahead of the date of US court divorce decree if any.
S.Seshadri
Chennai office: 98403 20808 /28515229
emails: [email protected]
I do not agree with the opinion that "usually the US court grants divorce in the very first hearing itself". There is neither such law nor practice in any of the States in USA.
The court granting an interim injunction may make the injunction permanent in the event of the defendant / respondent failing to contest the case by filing appropriate reply. The very purpose of "interim injunction" is to take a final decision after hearing both the parties. In the event of your husband failing to file a reply to your petition, the court should make the injunction permanent till the suit is pending.
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