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j smile (mgr)     21 November 2011

Divorce

can a person who is visiting usa on business purpose file divorce in USA.if yes under which rule.can the wife in india file the reply from india without going usa. girl married under HMA and living separately for the last one year. the decree announced in usa will be valid in india. it is purely mutual consented divorce. pse advise



 2 Replies

Tajobsindia (Senior Partner )     21 November 2011

Why do all these lengthy work and ending up in loss of jurisdiction base don presented facts before us!
.

1. Ask them to approach a local adv. in jurisdiction here in India and file MCD with whatever agreed agreements they have jointly executed and give POA to family member if it is MCD that is what you are mentioning at the end of your brief thus this para reply. They will get MCD divorce based on POA which many HC's supervisory Orders even say and gets applicable if this is the case in hand.


2. MCD does not get filed in USA by a HMA couple wherein one spouse in India and another in USA and the spouse in India particiapting in a MCD proceeding in USA (whereas USA does not have a concept like MCD which we have it is different called there which is not what can be availed of in instant briefs) which to me is not called MCD but divorce filed in USA by one visiting spouse wherein the left behind spouse participates that divorce with her say to USA court thus making the whole process at the end applicable to Jurisdiction challenges in India at the end of it which is not the case in hand once you say MCD!


The abv are my takes on legal position others may have their views wait for such samples.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

:-)

 

Divorce would be easy in US, but won't be enforceable in India.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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