Anita (MD) 09 February 2012

Divorce abroad

Hi, my husband divorced me when we were living in USA and married another woman to get his green card. i was against it but he forced me to accept his decision. he is a very violent person and as our marriage was a love marriage i agreed to his demands. the other woman cheated him and he was not able to get his citizenship. We have been living in India for the last 2 years as husband and wife and have a daughter. it is now becoming unbearable to live with him due to his violent nature and i want to seek divorce. please let me know if i just walk out on the basis of our divorce papers from USA. will he have claim on our daughter. please advice.

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 February 2012

Dear Anita,

If i could gather the facts right - you've been divorced in a US Court, and that's exactly how he could possibly marry another woman. The Decree of the US Court provided certain conditions are fulfilled are absolutely binding and conclusive on the Indian Courts - if the decree is not vitiated by Fraud, violation of Natural Justice etc.

AS regards the custody of baby daughter - The courts in India would look at the welfare of the child as of paramount consideration - a violent father - who got into another union even before ink on his divorce was dry - is not the proper guardian for a female child. You'd get the custody.

Feel Free to Talk.

Best of Luck