Legal Question in Family Law in India

A NRI friend got married to an Indian girl and took her to the US after marriage. After some time, the girl returned home and filed 498A against husband and his family in Indian court. She also hired a lawyer in the US to get alimony there. The woman has already made her husband cough up lakhs of rupees without settling any of the cases. Now, both of them are married to other partners. My questions are:
1. Can a woman have cases filed in two different countries regarding her matrimonial issues?
2. Can she ask for alimony from courts of two different countries?
3. Now that she is also married, can the cases get quashed?
4. What law govern the marriages of NRIs to Indian women - the Indian law or the US law?
5. Which country will have the final say in the matter in this case?

Asked on 4/29/10, 3:36 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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how can she get married without the cases being solved. none of the spouse can get married without obtaining a valid decree of divorce from India as the marriage took place in india. the second marriage without obtaining divorce is null and void for both the husband and wife.

she can ask for alimony from both the court but in case she gets it from one court whether US or India, she cannot ask the other court for alimony again. Indian law would govern such marriages and not the US laws. Indian courts have a final say in this matter coz even if US courts grant the decree of divorce, the same needs to be ratified by the indian courts.

Answered on 4/29/10, 4:44 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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1 & 2. - There is no absolute rule in this regard. In a given situation, she may be entitled to pursue her remedies in both the countries.

3. If the parties were not divorced, their second marriage would be void in law.

4. & 5 - Again, no absolute rule is applicable in such cases. The applicability of relevant rules will depend upon different situations.

For better and informed opinion, you may write me an e-mail giving complete details of yoru case in a chronological order instead of asking general questions.

Answered on 4/30/10, 4:48 pm

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