Legal Question in Family Law in India
our marriage took place in India .according to indian law both the parties husband and wife should be present in india during divorce proceedings in the legal court while in USA one party can apply for divorce in absence of other party and if usa court allows divorce in absence of other party (husband or wife} than it is legal. will this be legal in India ?
4 Answers from Attorneys
all the orders of courts in america are totally accepted here in india. they will be valid and in full force as the order of indian court.
as the marriage took place in india and you both were married according tohindu rites and ceremonies, even if the divorce is granted by US courts, it would be subject to authentication by indian courts. you may also seek restraint orders against your spouse restraining from proceedings in US.
I differ with my learned friends herein above for the simple reason that the marriage was solemnised in India under indian laws and if one the party challenges the jurisdiction of USA courts then the exparte Divorce Decree granted to one of the party is null and void in India.
Divorce orders passed by US courts are NOT binding in India and can be challenged here in appropriate proceedings. However, in India also one can seek divorce in the absence of other party.