Legal Question in Family Law in India
need your help urgently on divorce decree granted by US court
my husband filed divorce petition in US court in jan 2009.due to no visa to me, i did not contest it. instead I filed a suit in the indian court asking the court to restrain my husband from continuing the US court divorce proceedings in may 2009. It was pending before the indian court. As I did not get any inforamtion from the US court reg the divorce petition status, I filed one more suit in indian court on 26 june 2009 asking the court to restrain my husband from marrying second time , if he obtain US divorce decree. The indian court gave an interium injunction order on 26 june 2009 saying that my husband should not marry second time , if he obtain divorce decree from US court. on 27-JUNE-2009 we are sending indian court injuction order,summons to my husband. I came to know on 26-JUNE-2009 that US court granted divorce to my husband on 3-JUNE-2009. I would like to set the US court decree set aside. (1)Do I need to challange the decree in indian court to set it aside? or as the indian court summons/orders is going to him,if he do not appear before the indian court ,the indian court will give perminant restraining order not to marry 2nd time, the US court decree is void( not sure about this option).so I need to challange ?
5 Answers from Attorneys
Re: need your help urgently on divorce decree granted by US court
even though the decree has been pronounced by US courts, still the same is not valid here as the india courts had already granted injunciton in your favour. you may file an appeal against the order in US court and get the order set aside on the basis of pendency of lis in indian courts.
Re: need your help urgently on divorce decree granted by US court
Our firm provides such facility to our Indian clients. You may persue your case from India.
First of all you have to challange the divorce order coz it itself will not nullify due to indians court order. Second your summons should be deliver to your husband in US. Else it will not restrain your hasband from second marriage till its delievery. if in the mean while he get second marriage then your order will not be forceful upon him.
You may send us your detail our legal associates can easily tackle this situation.
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Re: need your help urgently on divorce decree granted by US court
you can challenge the same, but i think the proceedings will be fruit less as the husband is out of the jurisdiction of the court. he may not marry in india but he can marry in any other country
Re: need your help urgently on divorce decree granted by US court
Yes, the US court decree is voidable and you may challenge the same in Indian courts seeking appropriate declaration.
Re: need your help urgently on divorce decree granted by US court
You have not mentioned about his passport status,is he holding Indian passport or has he become US citizen.If he is a US citizen now then you cannot proceed with DVA from getting him married before taking divorce in India as per HMA.Whereas if he is an Indian still then you may continue with the proceedings in the court.You can also summon him to appear in the Indian courts.
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