U.S. divorce judgement is valid in India?

[rajaa100]

Hi all

I got married in the month of 2004 September in India. My wife left my home and separated from December 2004. My wife has sent notice through indian lawyer saying something against me and mentioned that she was going to file a divorce petition in Indian Court. I have sent a reply notice through my lawyer denying her allegations. That is all. She did not file the divorce petition, even me also when I was in India. Now I came to U.S. this year January, 2006 and I came to know that I can file a divorce petition in U.S. court through attorney here. He told me that within two months I will be getting divorce judgement in the state of Michigan. My parents are worrying about my personal life and my marriage. So after getting divorce judgement in U.S. I am planning to marry a Indian girl in India and planning to take her here to U.S.A in H4 Visa. My question is whether the U.S. divorce judgement is valid in India? Moreover U.S. consulate whether they will accept the U.S. judgement? Please let me know as I am in problem.

[immihelp]

Yes, if you get divorced in US, it is valid in India.

[rajaa100]

Yes, if you get divorced in US, it is valid in India.
Thank you very much for your reply. I appreciate it.
One more thing. My wife has not come to U.S. at all with me. She is in India only. Whether I can file a divorce petition here while my wife is there in India? Even then, if I am getting divorce judgement in U.S. whether it is valid in India? I can go to India and marry another girl in India and take her in H4. Please send me a confirmation on this, as I am going to do this right away.
Sorry for the inconvenience.

Thanks
Rajaa

[immihelp]

Yes, you can file for divorce in US. It will still be valid in India.

It will be much easier to get divorce as she will not be here to argue or comment.

[rajaa100]

Yes, you can file for divorce in US. It will still be valid in India.

It will be much easier to get divorce as she will not be here to argue or comment.

Really thank you very much for your prompt reply. May I know your name Sir? Because it shows IMMIHELP moderator. Are you a lawyer by profession?
I am filing for divorce today. I will get judgement within two months. Thank you very much.

[immihelp]

We are NOT attorneys.

Read http://www.immihelp.com/misc/disclaimer.html

[498help]

My dear friend I am sure she saying something against you means she has filed 498a against you or will do in the future. In case she files 498a then you will be in big trouble as you will have to fight the case in India and she will want to screw you for alimony. Incase you file for divorce from here you will also become one of those who has holiday wives back in india by the feminine and law perspective.

In your future best interest you should negotiate with your wife and settle the case first. Then think of future marriage and the rest.

[tuntuni]

I came to US with my husband on H4 visa. Currently I am studying and applied for F1 status, which is pending. We have lots of difference. He even gets physical and hurt me a lot. I can not stay with him. I want divorce. I do not need any compensation. How can I file for divorce in USA? Can I stay here after my divorce unless I finish my study?
Please reply me. Please give me some suggestion.

[lifeshiner]

I am in a similar situation being married in india and seeking divorce in US. I am currently on h1 in US and my wife is in india , her h4 is expired and she can't come here.

Few questions

- Is it possible to get a divorce from her without she being actually present in the US.?
- Any recommended attorneys in Illinois

Thanks.

[knowledgeable]

For any physical violence related issues, call your local police department in United States and ask them to file a Domestic Violence Offense Report [DVOR]. Based on this you can get a Temporary Restraining Order [TRO] against your offending spouse.

With the help of these documents and a good attorney you can and should file for a divorce.

Initially do not mention that you don't want any compensation etc. Follow your attorney's advice. Let the judge decide first whether you should or should not get any compensation.

You can eventually choose to donate your alimony to charity later.

Good luck.

[thinkwell]

US divorce may or maynot be valid in India depending upon whether it was mutual, contested or ex-party. India does not respect US/foreign divorces unless the grounds and proceedings are compliant with the Indian law. India is not a party to the Hague Convention or Private International Law. You may need to also get it validated in India. You need to be concerned only if the ex spouse is vindictive. Even people who got contested divorce in US have been later jailed and harassed using false allegations under section 498a. Check out for stories on how simple divorces got transformed into multi-year battles. The site provides help to people who are facing harrassment due to gender biased laws in India.

Please don't follow the attorney's advice blindly. Make sure that the attorney has your best interests in mind.

Disclaimer: I am not a lawyer and this is not legal advise.

[vikq]

Hi
Since US divorce is valid in India if mutually contested, and dont have any issues that needs mediation or attorneys' can no-fault divorce be filed??? do the couple have to stay seperately for 18 months or cna they file on the grounds of irreconsilable differences?? and the divorce has to be shown at the place where the marraige certificate is obtained and get that cancelled right?

Please let me know.

[txh1b]

Divorce can be obtained at any county where the couple has maintained residence based on the state law. It could be 90 days preceeding the filing of the divorce that the people should have resided in the county.

Each state has a different law for divorce and you need to talk to a family law attorney to discuss various options. For example, in some states irreconcilable differences require the couple to have lived separately for 6 months while attorneys use mental torture as the reason to get around the 6 months rule for divorce involving mutual consent.

There is no need to do anything regarding the marriage/divorce at the place of marriage AFAIK.

[gshcandyman]

I am a U.S. citizen, originally from India; when I got married, I was an Indian citizen. I would like to file for divorce now, and am curious whether I can really do it from the U.S., as suggested by some of the posts in this thread. My wife will not contest it, so should I just apply here in the U.S., even though the marriage was in India? This will help me to avoid missing work unnecessarily, as I'm sure if I file in India, I'll have to turn up there at least one time, if not more - I certainly don't have the funds to make multiple trips to India. If I file in the U.S., and it's granted here, will I then have to get the divorce validated in India if I ever decide to get married again?

I'm truly a "newbie" to this whole process. I don't believe any of us enter into the institution of marriage even THINKING that one day, we might be contemplating divorce. But the sad fact is that life is unpredictable - what seems so wonderful one day can turn sour the next. And now that I find myself in this situation, I just want to get through it, as quickly as possible and leave it behind....

....any advice/guidance would be appreciated. Thank you in advance.

:confused:

[txh1b]

The divorce can be obtained in the US and it is valid in India if both of you satisfy the legal residence requirements of the state. You need not travel to India and get divorced there.

There are some tricky situations if there is no mutual consent, the divorce can be declared null and void if the marriage was due to Hindu Marriage act by the courts in India. If you get divorced in US, there is some validation procedure that may need to be followed. Check with a family law attorney in US and in India.

Good Luck!

[txh1b]

I found a good answer and the position of Indian courts from a person that claims to be a legal professional on the internet. Credit goes to him. Posting it for future reference of the forum members.

When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together. In such a case the decree of divorce passed by the Indian Family Court would be non controversial way out for dissolving such marriage. Now coming to the second point whether such divorce granted by a foreign court is valid for the purpose of dissolving such a marriage or not. Section 13 of the Civil Procedure Code provides When foreign judgment not conclusive.


A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-


(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.
So these six conditions are fulfilled by such foreign judgment/decree of divorce then it will be valid for dissolving such Indian marriage as has been held by the Supreme Court of India in several of its judgments. The very first condition is with regard to Jurisdiction of such foreign court, what it means that both or either of the parties should be residing in the foreign country where from such decree of divorce has been obtained. The second important condition is with regard to merits of the case for divorce, whether those merits considered by the foreign court to arrive on this conclusion or not. Next, a proper notice was served to the other party with regard to such divorce proceedings & the other party was assigned a sufficient time to file his or her defense against the case, hence following the principle of natural justice. There was no fraud or force involved in such case & both the parties either mutually agreed to surrender itself to such foreign court for getting the decree of divorce or neither of them objected to such foreign court proceeding with such matter & deciding it accordingly. Lastly the decree so passed by the foreign court should not be such which may not be executable in India. In your case if you both had agreed for going through such divorce in Spain through their Family Court having similar status as Indian Family Court, such decree of divorce was passed after considering all the merits of your case, both the parties were heard & their statements properly recorded by the foreign court & a proper judgment followed by the decree passed by such foreign court dissolving your marriage, then this will be a valid dissolution of marriage & the decree of divorce executable in India. Now should you get this decree of divorce declared as valid by the family court of India or not. It all depends on you or on the precondition as mentioned in such decree of divorce by the foreign court. Some foreign courts do put a condition in the decree to any such matter to become valid only after the Indian court or competent government authority gives its ascent of approval on such decree. In such a case you have to file an application in the Family court of competent jurisdiction as discussed above in India to get the approval & validation of such decree of divorce. Otherwise it is entirely on both of you to go in for Indian court validating such foreign divorce decree or not, for all purpose you both can proceed for second marriage if such foreign divorce decree was obtained keeping in mind all the prerequisite conditions as mentioned in section13 of the CPC. Try using the Foreign Family Court divorce decree for both these purposes if the Indian government/authorities don't agree then get this decree validated by Indian Family Court.

[gshcandyman]

Thanks, txh1b....that was quite a comprehensive reply! Some of the language was a bit hard to follow, but it sounds like there should be no problem as long as:

1. The divorce is by mutual consent, and I provide my wife with notice that I'm going to be filing in the U.S., and get her consent for that, as well.

2. I can prove that I'm a citizen and resident of the U.S.

3. The court in the U.S. doesn't stipulate that the divorce order granted here has to be validated in India in order to be effective. Conversely, the divorce order shouldn't have some stipulation which PREVENTS it from being valid in India.

4. The factors taken into consideration for granting a divorce in the U.S. are comparable to those factors which would be considered for a similar case in India.

Looks like there are a couple of things which I'll have to research, and consult a lawyer for. Thanks so much for your help. I'll keep this thread updated with any info I get, and would be grateful if you could do the same.

:(

[Vasaveela]

Basically, I have indian citizenship & married in India itself{we both are Indians}. Just to come out of marriange it self I've come here to United states on B2 visa{Visiting visa}, so being a foreigner can I get divorce from my husband in United states??? & would it be valid in India as well as in USA??

Thanks in advance........

Vasaveela

[mash111]

i have similar kind of problem as yours. how did you solve it. could you pls provide me your email address??

thanks

[leahtreasa]

I have the same issue....I came here on F1,now on OPT and my H1 will begin in OCT. I went to India to get married in nov 2009 and came back in Jan 2010 and he went to Abu Dhabi where he works. We have been living in two different ocuntries since then. Things are not working out between and his parents made it worse. Now I want to file for divorce.He has agreed to a mutual but I dont want to go to India to file for divorce. I wanna know the following

1. Can I file for divorce here? I live in NJ.
2. If yes, will it be valid in India and wat is the process in getting it validated in India.
3. I'm also a catholic and have to get divorce in Chruch too.

Any help in this matter will be highly appreciated.

Regards,
Leah

[sugaz007]

Could any one please explain as what types of divorces obtained in USA (marriage was in India under hindu marriage act) is VALID in India?

This is for purpose of remarriage.

The divorce decree issued in USA is NOT accepted in India registration of remariage.

Could anyone please provide information about what to do in this case.

Thanks
Suga

[roseelizabeth]

I have married in india to an indian but with a permanent resident card in US five years ago as per hindu marriage act.I accompanied him after 3 months of marriage to US and i delivered a boy there.When our son is about 6 month old he acquired the US citizenship.I went to India for some family reason..then he processed my permanent resident card and came back to US .In about a year i was pregnant for the second time and he force me to deliver the baby in india and he send me to india..after which he sstopped communicating by all means.
I want to live with him but don't have my visa papers in my hand...What the best can i do?I don't know whether he started any legal proceedings or obtained an ex-parte order against me..
can anyone help me in this regard

[sangeeta786]

I got my US divorce and child custody in 2009 and after almost 4 years my husband filed a case for divorce in India and is asking for child custody.

I also got my documents attested by the Indian Embassy.

what else can i do to legalize my US divorce in India please help!!

[sahm2012]

My husband emotionally abused me,belittled me eversince I got married . I never told this to my parents who lived in India last october he took my Green card and passport and cell phone and told me to leave the house. It happened so many times he forced me to leave the house while I have nowhere else to go. He never let me drive . Last JAnuary when he came to India for funeral he again harrased me and forced me to leave the house said he won't come back to US if I won't leave the house. I was stay at home mom till then I didn't know anybody there my father had to make tickets for me and kids. MY question is can he get Divorse there while I'm in INdia ,without my sighn,(expart3 decision)
2) Both my kids are US citizen can he do anything using that as wepon to get them back. Thanks !

[dv199]

I am married in India. I want to apply for divorce in US. My husband is in another state of US. We have been living separately for over a yr. I could not get him consent for mutual divorce as he and his family are demanding money from my family that he used for my support before I got into a job. My lawyer in US told that we can get divorced even if he does not attend court here. But, will that be valid in India?

If not, what are my options of applying in India on basis of irreconcilable differences and how long would it take to get the hearing? From 2012 rules, there is no cooling off period of 6 months. Are there any changes to this recently? I also heard that husband can't deny divorce in India if wife wants to-any changes to this? Can I apply in India while residing in US or should I be present in India while applying?

Pls suggest.