Night1234 24 May 2016

Contested divorce or uncontested divorce

Me and my wife are Indian citizens and we are living in USA from the last two years.

I filed for divorce here in USA under the grounds of CRUELTY.

My wife received the divorce summons from the court and then she has gone to India WITHOUT attending court hearings. USA court granted me the divorce.

So my question is....the divorce which I received in USA is VALID in INDIA based on the above said scenario?

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4 Replies

(Guest)

Until unless it is not contested here back in India, the divorce granted by US court is valid.

SAINATH DEVALLA (LEGAL CONSULTANT) 24 May 2016

1) divorce decree obtained in USA would be valid in india if obtained on grounds recognised by HMA 

2) substituted service is permissible if wife whereabouts are not known

3) your wife can move courts in india challenging divorce granted in USA 

4) better file for divorce in india also if divorce decree has been obtained on grounds not recognised by HMA.

Though uncontested I am not going into the details.

A walk alone (-) 24 May 2016

Your divorce is valid in India Until unless it is not contested here back in India. Why are you worried? You already got divorce. You can lead happy life. As you are living in USA. In USA its valid. If she contest in India let her roam court . Let her waste time and money.

(Guest)

Whether your divorce is valid or not depends on your mindset.
You live in USA and you have order of divorce from USA court. Now you are a free man, you can marry again if you wish. Ignore all else then your divorce is 100% valid.
If you allow yourself to feel doubt in point (2) and go talk to some Indian lawyer, he will tell you that divorce may not be valid in India and wife can file blah blah case and you need to file blah blah application to prevent blah blah blah. Then your fear instinct goes into overdrive and you try to get a divorce that is 100% valid in India. In India every argument between husband and wife is a criminal trial lasting 10 years. Divorce is just one of the cases included in the package deal.
If you go down the thinking of (3) your life is completely scewed. Cases will drag in Indian courts for rest of your lifetime and you willingly gave the keys of your happiness to corrupt judiciary in India.
Ignore all the noise, go with mindset number (2). If wife files cases in India, let her. At that point appoint a lawyer in India and instruct him to drag the case forever. Live your life as if the case does not exist.
Get your green card, US citizenship in due course of time and then stay away from India as much as possible.