Legal Question in Family Law in India
Hi,
my brother who lives in USA got ex-parte divorce decree from US court in june 2009. my brother wife has no visa to come to US .So his wife who is in India has filed a suit in may/june 2009 in Indian court asking for injunction order to restrain my brother from marrying second time. The indian court passed an interium injunction order in june 2009 restraing my brother from marrying second time and also sent notice to my brother. we consulted three lawyers. They advised us not to accept the indian court notice. as they sujjested us , my brother refused the indian court order. It is learnt that my brothers wife also recently filed a suit in indian court challanging the ex-parte divorce decree which my brother obtained from US court. But my brother still did not get any notice in this case. my lawyers told us " if my brother contest these two cases, it will take atleast 3 years to complete .so you need not contest the cases.let the indian court pass any order. you need not worry about that.simply return/refuse the court notices.".
my lawyers also told my brother marry second time with his wife knowldege.as there will be no evidence for his second marraige , his wife can not do anything.
so my brother is looking for second marriage.
i have a question.
are there any problems my brother will be going to face in future , if he follows the lawyers advise?
what happens if my brother marry second time in USA with out his wife knowldge?
what happens if my brother go against indian court orders in those two cases?
Kindly guide us .
Pls let me know if we are commiting any mistake?
Thanks in advance.
3 Answers from Attorneys
What is your brothers' residential status in US?
Basically, it is better in such conflict cases, to settle the matter amicably through mediation.
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S.Seshadri
Primarily consequences depend upon the residential status of your brother at US. Secondly which religion your brother follows?
If the decree of divorce has not been obtained (confirmed) from Indian court, the second marriage stands null and illegal. Moreover, the Indian court's orders are binding upon all citizens of india, if any body intentionally avoids the same, he may be inter alia prosecuted for the contempt of court.
You have been wrongly advised by lawyers in USA without having appropriate resort to Indian laws and his status in USA. You should try to settle the dispute amicably and bring the litigation in India to a logical end.
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