Nri 07 May 2017

Divorce in usa irreconcilable differences

I got married in India under hindu marraige act in nov 2015, bought my wife to states in Dec 2015, back in India , just after few days of marraige I realized my wife was hiding her body deformaties,since then I am asking for divorce, but she and her parents are refusing, since we are in USA , I applied my spouse immigration papers, also got her work permit, but she does not work ,never tried to work.I am living separately, and paying her every month her living expenses, rent, phone, cable, Internet, electricity etc. Now after I finished one year of living separately, I am filing for nofault divorce based on irreconcilable differences , with this I will get divorce in states,will this divorce work in India? I need advice if this US divorce will be valid in india.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 May 2017

Contrary to a lot of misconceptions, as per the General Principle of Law (Section 13 CPC) A foreign decree is conclusive in India in normal circumstances. This is based on principle of res judicata – meaning that when a dispute has been adjudicated by a court it should not be re-agitated again & again – to prevent wastage of judicial time & expense and more importantly to ensure finality and certainty in human relations. Hence we start with the presumption that a foreign divorce is valid in India.

EXCEPTIONS – WHEN FOREIGN DIVORCE WON’T BE RECOGNISED IN INDIA

The Indian Law would refuse to recognise it – when certain conditions are present.

A walk alone (-) 10 May 2017

Your divorce will valid in India untill she oppose that in India. In case she oppose let her roam Indian court with zero result. Indian court only give dates.

Sushmita Dutta (lawyer) 12 May 2017

In India you can get get divorce on grounds of cruelty, desertion, mental case etc other than on mutual consent. Your ground is not good enough for contested divorce. You will end up having to pay good alimony.

Anjuru Chandra Sekhar (Advocate ) 12 May 2017

Hindu marriage can not be dissolved on the grounds inconsistent with grounds for divorce in Hindu Marriage Act. There is no provision for "no fault divorce" under HIndu Marriage Act.