Geeta 17 November 2017
Vijay Raj Mahajan (Advocate) 17 November 2017
Samir N (General Queries) (Business) 17 November 2017
Nothing to worry. Even if he gets a divorce decree in USA it will not be valid in India if you were not given full rights to oppose it and have not consented to the jurisdiction of that Court. Sometimes inaction is the best action. This is one of those situations. Relax and do nothing!
There is a Supreme Court judgment Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991
Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451 on this issue and it is very important that you read it to get confidence on this issue. It is available on the net on Indiankanoon.org and other sites.
The crux of that Judgment is in this paragraph:
13. From the aforesaid discussion the following rule can be deduced for recognising foreign matrimonial judgment in this country. The jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties.
There are many other Supreme Court judgments on this issue but I think that this says it all...
Kumar Doab (FIN) 17 November 2017
Agreeing with essence of suggesstions of Mr. Vijay Raj Mahajan, Mr. Samir N ( 2HelpU):
Other threads;
https://www.lawyersclubindia.com/forum/USA-Divorce-SUMMON-156180.asp
Husband lives in USA.
Kumar Doab (FIN) 17 November 2017
Othr thread;
https://www.lawyersclubindia.com/forum/Maintenance-case-155583.asp
Husband is in Japan.
IN any case you have been given inputs.
It is your choice how you would like to proceed further.
If all efforts to save the marriage have failed, then;
Check if recourse thru MCD is acceptable and suitable to both of you. And win-win situation can liberate you both and allow to settle down I life as per individual vision and tastes.
Or contest the matter the courts shall decide the matter based on facts and merits.
Samir N (General Queries) (Business) 17 November 2017
One more thing...California law will NOT and cannot grant divorce on Hindu Marriage Act. Matrimonial laws in USA vary but I am sure that California Courts will not grant divorce on HMA. There are many other Supreme Court Judgments where even if it had granted divorce based upon Hindu Marriage Act and the grounds under which it provides for divorce, your not getting a fair opportunity to oppose is sufficient to render the decree null and void.
There is also the issue of domicile of your husband. Without a U.S. citizenship, it will be difficult for him to say that he has a domicile in USA to seek divorce there...
ALINAWAZ VAKIL 17 November 2017
test123 17 November 2017
under HMA, if you stayed seprate for 2 years, indian court will grant divorce.
in usa, its 1 year seperation period.
seperation claused applied on both country.
you should visit courts and talk with all girls who married with NRI. [ none of them achived anything yet.] they are payng lawyers fees so far.