Legal Question in Family Law in India

the important fact missing in the question is about your location. Are you located in India when your husband has filed Divorce in USA? If your husband obtains Ex parte divorce in your absence that divorce decree cannot be enforced in India under Sec 13 CPC. Another point is whether or not you have lived with him for more than six months in the same state before he filed a divorce case in that state of USA.

you need to go through an attorney in US and the attorney would inform the court in US that the litigation is already pending in india and both the parties are indian citizen thus the US court is devoid of jurisdiction. in case you choose not to represent in US, he may obtain divorce there.

Certain imp. facts are missing, such as where exactly you are located, Yoare you and your husband citizens of India, was the marriage solemnised in India etc. etc. without which it will be difficult to answer your queries?

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DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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