Legal Question in Family Law in India
husband has abandoned wife and he filed divorce case in India. Now the India court dismissed the divorce case and ordered RCR, then does the petitioner have to comply RCR? If not then can the petitioner who is in temporary visa in US can he file another petition for divorce in US? The US court will considered the order given by India court? If the wife can't able to contest then the husband will get ex-parte divorce order?
2 Answers from Attorneys
If husband doesn't comply with the order of RCR and resumes cohabitation with wife within one year from date of decree of RCR the wife can file divorce petition on that ground. In my opinion it seems from facts mentioned above that US court will not have jurisdiction to entertain divorce petition.
divorce can be filed in US and the indian court s order may not be binding over US Courts.
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