Legal Question in Family Law in South Dakota

False Jurisdiction

I am a resident of UAE. Our marriage was performed in India. My wife has filed for a divorce from South Dakota though she is a tourist in the United States. The address she has used is to misrepresent the court. Can I get the case dismissed based on jurisdiction?


Asked on 8/22/07, 7:21 am

5 Answers from Attorneys

kavitha balakrishnan kpp associates

Re: False Jurisdiction

defend yourself in court. as far as jurisdiction is concerned the court is the authority to dismiss if there is no jurisdiction.

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Answered on 8/25/07, 3:51 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: False Jurisdiction

A visitor annot seek divorce in USA under Hindu Marriage Act more particularly when one party lives out of that country. You must take an objection with regard to jurisdiction on the ground that your wife is a mere visitor there; and also on the ground that the marriage can be annulled only under Hindu Marriage Act by court having jurisdiction under that Act.

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Answered on 8/24/07, 6:24 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: False Jurisdiction

good afternoon

no you can dismiss the case on the basis of jurisdiction

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Answered on 8/22/07, 7:48 am
rajeshwar sharma rajeshwarnathsharma

Re: False Jurisdiction

Defend yourself. It is court to see whether the court has jurisdiction. You have satisfied the court that the court has no jurisdiction

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Answered on 8/23/07, 11:47 am
G. M. Gupta gmguptaandassociates

Re: False Jurisdiction

if they have admitted the case then there must be some reason to it.

without seeing the documents i can not advice on US laws.

u can get the case dismissed for producing wrong facts.

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Answered on 8/23/07, 2:15 pm


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