Divorce in usa

Dear Querist,

For a foreign decree of divorce to be held valid in India, the following are the condition precedents,

1. The ground on which divorce is granted in the foreign land is also a ground for divorce in India.

2. The divorce is granted by a court of competent jurisdiction.

3. The decree of divorce from the foreign court was not obtained by fraud or misrepresentation.

4. The principles of natural justice were duly followed, meaning thereby that the other spouse was given a reasonable opportunity to contest the divorce case.

The Indian courts might be reluctant to accept a foreign divorce granted ex-parte as your husband may contend that he didn't get a fair opportunity of contesting your divorce petition, therefore, the natural justice principles were not adhered to. You may however show the affidvait bearing his signature to validate your divorce in India.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

This forum is no more suitable for advicing.Better PM me.

There is more to the story than meets the eye. 

1. Please clarify this, "..we decided that I at least finish my masters and move back to India "

Did you and your USA NRI husband and you co-habit with you during the period you were doing your masters  ?

2. Who was paying for your education ? 

3. Do you and your USA/Indian husband have any kids ? 

4. When did you start the relationship with the European ? 

5. After the European, do you have any plans for exploring other countries ?  ( you may appear like a vexatious global , blood thirsty , divorce vampire on the loose !!!

6. You claim that you came to know of his affair. How  ? How did you come to know about his marriage but, in the same breath say that there is no proof. !!! Liar. Liar.

7. Receiving an affidavit is no proof of consent. It just indicates that the other party was notified. 

8. You appear over educated for free suggestions. Please pay a Indian attorney in good standing at the bar, retain him.Using free legal advice and time pass chit chatter and acting on a hodge podge of advise may land you in jail and the European may dump you like a hot potato. Did you disclose about your past to the European.

Sister - dont fall from USA and Europe. Look for character of the boy and more important , now that you leant a harsh lesson, the family.  Next time, just because your husband verbally abused you, shouldnt form the ground to divorce and bail out of a relationship. Marriage is a box where you need to put in more individually and collectively, before you take anything out. Use your womenly charm and win over the angry and high testerone husband. Show your calm during distress. Try these simple things and you will not have to fill the pockets of some lawyer but that money can go in the welfare of your middle class family, that you so claim. 

This post may not appear polite and does not contain legal advice. It contains the perspective of a loving husband, father and citizen of the world. 

Thanks a lot for your valuable response Asish. Kumar, looks like you are a hurt soul..but trust me you cannot drink rat poison thinking that you are killing the other person. Hatred is not good for our soul. God bless!!

nothing  more to add to the advice by adv ashish

"Black Widow" - your own web has got you. I would hope that you have a good future life but if you dont put closures and leave tortured souls , broken families behind, they will come and haunt the hell out of you, your progency and future life. 

Truth is bitter, as bitter as the posion that you are referring. Interesting to see that you know so much about poisoning.  

The European will committ suicide. Back off until you put closures on papers and to the souls.