Legal Question in Family Law in India
Injunction order
I got married under special marriage act.I work USA on H1.I have filed for divorce in USA on no fault ground.My marriage was solemnised in India as per hindu ritual and ceremony.My wife has filed for injunction order against my pending divorce proceeding in USA.One of The session courts in India granted interim injunction order in favour of my wife and has asked me not to continue divorce proceeding outside India.The court also showcaused me within 10 days from the receipt of the showcause notice why the permanent injunction shall not be granted in favour of my wife.
1) Does that mean if i will not reply to the court within 10 days from the receipt of the order,court will give ex-party permanent injunction order in favour of my wife or i can reply after 10 days?
2) If i will not reply in the session court can i go to the high court directly opposing the ex party injunction order in favour of my wife?
3 Answers from Attorneys
Re: Injunction order
The divorce is not valid unless both parties consent to the jurisdiction of foreign court. Apply divorce in india at the place of your marriage.
Re: Injunction order
(1) Yes, if you do not respond to the court summons and file your reply, the court may confirm the earlier ex parte interim order into a final order ex parte.
(2) No, the High Court may ask you to first show cause before the Sessions Court, file your reply, obtain an order; and then approach the High Court finding fault, if any, with that order.
If you are on H-1 in USA, you may not be entitled to file for divorce and invoke the "No fault ground" divorce. The "no fault" divorce is not available for international visitors in USA. Your action may amount to "fraud against statute" and you may have to face criminal prosecution in India on this ground.
The Indian authorities, if appropriately approached by your wife, may persuade the US BCIS authorities for your arrest and deportation to India.
Re: Injunction order
Already replied.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
