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Raghu (Consultant)     30 August 2024

Marriage in india divorce in us

Hi

My friend's son got married in India four months ago. Lives in US. But marriage life  is not going good. He is planning for divorce. Both are Indian citizens. Is it better to file divorce in India or US. 



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Real Soul....

Real Soul.... (LEGAL)     30 August 2024

If it is consent divorce file in India or US, but if it is one sided then you get speedy disposal in US but alimony will be very high, Both have its pros and cons. Try to get Mutual divorce decree from Indian court

Shashi Dhara

Shashi Dhara   30 August 2024

If you are non residents of india you may apply for divorce in US if you are residing in india seek divorce through mutual consent.
T. Kalaiselvan, Advocate

T. Kalaiselvan, Advocate (Advocate)     30 August 2024

The marriage is just four months old hence as per Indian laws a divorce petition can be filed only after completion of one year of marriage for filing the contested divorce case.

The sort cut method of filing a divorce case in USA to avoid the limitation period as prescribed in Indian law, to file a divorce case in USA will not be considered as legally valid divorce in India.

A US divorce may be legally valid in India if it meets certain conditions, including: 
  • Jurisdiction: The foreign court had jurisdiction based on domicile or both parties voluntarily submitted to the foreign court's authority.
    Fairness: The court in India will ensure that there was fairness, good faith, and diligence of each party. 
    Grounds: The grounds for divorce are recognized by Indian divorce law. 
    Merits: The judgment must be based on a thorough examination of the case's merits. 
    Fraud: The divorce decree was not obtained by fraud. 
     
    In your case the divorce filed within one year from the date of marraige is not recognized as valid by Indian divorce law. 
     
    As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.
     
    So you may ask him wait for the said period to file the contested divorce in India itself.
 
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