Ex-parte divorce valid in india
Mamta
(Querist) 22 January 2016
This query is : Resolved
Hi All,
Need your kind advice.
Me and my husband used to live in USA. We had lot of problems between us and our family. I returned to India and after coming here i have filed 498 and domestic violence case against my husband and his family.
Recently I got to know that he got ex-parte divorce in USA.
No notice was served to me.
I want to know if I can validate the USA divorce decree in India so that I too can get divorce and move on in my life.
Any help or advice will be appreciated.
Thanks.
P. Venu
(Expert) 23 January 2016
Has he taken this defence in any of the proceddngs?
Rajendra K Goyal
(Expert) 23 January 2016
Whether the marriage was in India or USA? Where it was registered? How long both of you lived in USA? When the marriage took place?
Divorce decree is from Court, Take a copy of the same and discuss with your lawyer.
Whether 498 and DV cases were filed in India before the divorce decree?
Devajyoti Barman
(Expert) 23 January 2016
Well, the ex parte divorce granted abroad may be refused to be acknowledged by the contesting party.
So ignore the decree and proceed with your own case.
V R SHROFF
(Expert) 23 January 2016
MAMTA , YOU SAID
I want to know if I can validate the USA divorce decree in India so that I too can get divorce and move on in my life.
SO YOU TOO WANT DIVORCE , SO DON'T OPPOSE IT, GET CERTIFID COPY OF DIV DECREE AND GO AHEAD.
THINK POSITIVE...
Kumar Doab
(Expert) 23 January 2016
Since you do not want to contest and wanted divorce, and want to move ahead, obtain certified copy.
Mamta
(Querist) 23 January 2016
Q: Has he taken this defence in any of the proceddngs?
A: No, he is in USA and I dont know about his whereabouts. His parents have appointed lawyer for DV case.
Q: Whether the marriage was in India or USA? Where it was registered? How long both of you lived in USA? When the marriage took place?
A: Marriage took place in India and registered in India as well. We lived in USA for 1 year. Marriage took place in Nov 2010.
Q: Whether 498 and DV cases were filed in India before the divorce decree?
A: Yes, 498 & DV are filed before divorce decree.
Mamta
(Querist) 23 January 2016
So if I obtain certified copy of divorce decree will it be valid in India?
Dr J C Vashista
(Expert) 24 January 2016
It is a valid divorce (ex-parte) decree. However, if you agree for divorce very well you got what you desired; otherwise, get it reopened in the same (US) court for setting it aside and continue/proceed with your other PWADV Act and complaint u/s 498A IPC.
What is the opinion and advise of your lawyer? Do you still have faith in his/her actions, if yes, continue; otherwise change him/her immediately.
K.S.Srinivas
(Expert) 02 February 2016
The ex-parte divorce decree granted by the USA court is valid. Hence, agree for he divorce and move on as desired by you.
Mamta
(Querist) 11 February 2016
If I marry someone in India, can I keep 498-A and domestic violence case still open?
Or there will be any impact to the case?
Dr J C Vashista
(Expert) 12 February 2016
What do you intend to continue with the case(s) against your ex-hubby?
Live in peace and enjoy your married life in the fresh innings.
Mamta
(Querist) 12 February 2016
I want to continue with the case because they have taken my jewelries and money and they are not willing to return it.
Santosh Goswami,Advocate
(Expert) 16 February 2016
It is valid until challenged. You have not to do anything to get it validated in India. You are free to marry again.
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