Legal Question in Family Law in India
I got married in INDIA but due to some reasons I need to get divorced.
The person to whom i got married was from US(New jersey) born citizen.
We filed a case from INDIA (as per section 13 of Hindu marriage act )and they too have file from US a case for annulment/Divorce.
They have filed case from Superior Court of New Jersey Chancery Division: Family Part Passaic Country: DOCKET NO.: FM-16-711-10.
After sending them notice they have send two letters directly to the Indian Court stating about ANNULMENT, which reads as I the deputy clerk of Superior Court of New Jersey, the same being the court of record, do hereby certify that the forgoing is the true copy of the ANNULMENT. But the whole Judgment Order is not attached in that document.
So kindly advise can this taken into consideration that Divorce has took place in US?
If yes also suggest is there is any way to get the final judgment papers from US Court?
2 Answers from Attorneys
for this, you need to approach a US lawyer and he would also file the appropriate documents for your maintenance etc.
your question has so many questions in it. first, not only the judgment but you can always get the copy of the entire record. The decree of annulment granted by US (NJ) court is not binding upon you unless you have caused appearance and contested it - as per code of civil procedure. Please note that US is a non-reciprocating country qua India. You may serve upon the spouse your petition which is pending in India. your petition is for divorce. if the party does not appear you will be entitled to ex parte decree of divorce.
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