Legal Question in Family Law in India
according the indian divorce law both the husband and wife should be present in india at the time of submitting application for Divorce in India as the marriage took place india in December 2009.
Wife is usa citizen and husband is Indian citizen.Can the wife apply for divorce in america and get divorce without husband being present in america? And will this divorce be valid in India?
2 Answers from Attorneys
an exparte divorce may be granted in her favour in US and in case the marriage was solemnized in India, the same may need to be authenticated by the indian courts.
I differ with my friend,'sopinion herein above. If the wife and the Husband files a Mutual consent divorce in USA then none of the parties can challenge the same in Indian Courts and does not need any authentication in India or Indian courts but if the husband challenges the jurisdiction or does not participate in the divorce proceedings in USA can challenge the same in Indian Courts as the Decree granted by USA courts would be null and void for the simple reason that parties were married under certain laws in India and should have got divorce under the same laws.
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