Legal Question in Family Law in India

Marriage took place between a boy (indian national ) and a girl usa citizen born and brought up in america in february 2010 in India. It was arranged marriage legalised by Indian law.

The marriage has become insupportable because of discord or conflict of personalities between both parties.So both of them have agreed to apply for divorce by mutual consent.In USA the wife can apply for divorce without the presence of husband . In India the civil court requres the presence of both husband and wife at the time of submitting the application for divorce and on final hearing .

IS THE DIVORCE DECREE AWARDED BY AN AMERICAN COURT VALID IN iNDIA?


Asked on 10/04/11, 10:03 pm

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the marriage took place in india, the divorce granted by USA may be validated by filing a petition u/s 13 of CPC. foreign decree is valid in india only after the indian courts validate the same.

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Answered on 10/04/11, 11:00 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

i agree....

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Answered on 10/05/11, 12:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 10/05/11, 6:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The girl, being an American citizen, would be entitled to seek divorce in U.S.A. If the husband is in India, he may send his consent to concerned Court in response to summons he may receive.

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Answered on 10/05/11, 7:12 pm


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