Legal Question in Family Law in India
injunction order against divorce petition in US
Respected lawyers,
I got married under hindu marriage act and marriage was solemnised in india.I am indian passport holder.I have filed for divorce in USA on no fault ground.Recently my parents who live in india recieve one summon from one of the high court in india that my wife has file petition in one of the high court in india for injunction order against my pending divorce petition in USA.She has approach high court in india to put stay order against my divorce petition in USA as marriage was solemnised in india under hindu marriage act.
If high court in india will put injunction order against my pending divorce case in USA and if i continue my divorce case even after high court summon/judgement can i land up in legal complication in india for contempt of court?
NOTE;I have no intention of returning back to india in near future.
1 Answer from Attorneys
Re: injunction order against divorce petition in US
You have not disclosed your immigration status in USA. However, you have mentioned that you are holding an Indian passport.
If you have filed a divorce petition in USA without being a US Permanent Resident (Green card holder), your action in filing divorce may be illegal and you may have to go back to India. The courts in India may seek cancellation of your USA visa. Your wife may also file a criminal case against you in USA which may result in your return to India.
Back home, you may have to face criminal trial which may result into a jail term. Besdies, your parents in India may face criminal prosecution even if you do not return to India.
In order to avoid further complications, you may better make efforts for an amicable out of court settlement with your wife.
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