Legal Question in Family Law in India
Hello,
My husband(H1B) has filed a Divorced case in India which I am contesting from India.
I am currently staying in India. We both are Indian Citizen and I stayed with my husband for week(in India) & 3 months(at USA). Our marriage was solemnized in India.
Now after few months he again filed a Divorced case from US also. Now the US court is asking me to attend the court, which for me at this point is impossible. Moreover I have filed DV and 125 CrPc against him.
Can the US court grant Divorce to him in this situation?
Is the Divorce degree of US is valid in India?
Thanks
4 Answers from Attorneys
US can grant divorce and the decree would be valid in india. better contest the same through lawyer in US.
in case the petitions are pending in india, in that situation, the certified copies can be sent to US.
There are conditions laid down in section 13 CPC for any foreign judgment to be validated in India. If the decree has been obtained in absentia, the decree cannot be enforced. It is only when the opposite party has admitted the jurisdiction of US and contested the matter then and then alone the judgment would be enforceable. So, why admit the jurisdiction and/or contest in uSA when you have better efficacious remedy available here in your own country irrespective of the fact that the husband is in usa
i agree with my colleagues moreover if your husband has filed a divorce case in india prior to filing divorce case in US court and as you both are indian citizens i doubt the validity of decree by US court.
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