Dissolution of marriage in usa is it valued in india?
Sugumar
(Querist) 14 December 2014
This query is : Resolved
My daughter-in-law deserted the matrimonial house on 2-6-2014,she was again taken into the house on 24-07-2014 despite my son's objection we the father-in-law &mother-in-law of the girl, were there on a visit to USA, at that time on the condition that these can be discussed with the elders of both families.We booked Air-tickets to India for 3,son will join us on getting leave from the company.She suddenly changed her mind refused to come to India,she again deserted the house on 9-8-2014 and Obtained an ex-party Emergency Protection Order from the County Court,on 11-8-2014,throwing out all of us from the apartment.we both returned to India & my son was on the street.He has to pay the rent ect.,The one year EPO was reduced to 3 months. On 5-9-14 my son filed a dissolution of marriage petition,she got the court notice on 8-9-14 in USA.
She filled a response petition through her lawyer from India(she returned to India on 8-9-14) on 25-9-14 accepting the dissolution of the marriage.
Now she is telling to the court, that it will not convenient to proceed the case from India,and going to sue for maintenance in India.
Her petition was forwarded from EPO court to Divorce Court.If he got a divorce decree in USA, will it valid in India?
ROHIT SHARMA
(Expert) 14 December 2014
1. If he has got a divorce decree in USA, it will be valid in India.
ajay sethi
(Expert) 14 December 2014
divorce decree obtained in USA would be valid in india if it is on grounds recognised under HMA and wife has participated in divorce proceedings in usA .in your case wife has in response to notice accepted dissolution of marriage .divorce decree would be valid