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Vinoth (Senior)     30 September 2013

Married in india, divorce in us? how will it be valid?

Hi. I got married in India in 2012. It was a forced marriage. I didn't like her from the beginning. I told my family the same, but they literally forced me to marry. Yes, it's shameful for a guy to say, it's a forced marriage.

I applied for contested divorce in India, we both were in India, by 2013. But, I was threatened by the girl's family to take back the divorce petition, by saying that they will kill my mom and relatives. So, I had to take it back.

I might go to US in H1B next year. And I am planning to divorce her from US. I just want to know the below details.

1. Will it be valid in India? What should I do, so that the divorce decree is valid in India?

2. If the divorce is not valid in India, and If I decide to stay in the US forever, would it matter if it's valid in India or not? Even if I remarry in US?

3. If she files 498A or DV in India, will I be deported to India? Or I will be jailed only when I return to India?

Thanks all in Advance.



Learning

 5 Replies


(Guest)

Your divorce will not be valid in India ..mr whimsical u say u were forced to marry!!and plan to get a divorce in US ..u are playing a dangerous game ..it won't be that easy..

1 Like

adv.raghavan (Advocate,9444674980)     30 September 2013

no it is not valid to get married in india, marriage solemnized in india according to HMA 1955  or SPECIAL MARRIAGE ACT 1954, and getting it divorced in USA. IF u are going to sty for ever in USA, ignoring ur matrimonial life in india, your wife have all the rights to file divorce under deseration, and summons for the same will be served thru indian embassy there, and if you plan to remarry a girl over there,on ascertaining the information your are liable to prosecuted for bigamy and adultry.if she files case under 498A (probably not given the situation) and if u not attending the court in india inspite of getting summons, avoiding court proceedings in india, will result in proclaimed obsconder, any case under dv will not lead to arrest.

1 Like

Vinoth (Senior)     30 September 2013

Thanks Sufferer22, yes it indeed is a dangerous game, and I have to face it because of my bad decision.

I just want to know what are the dangers involved. Because I am not able to proceed my life like this.

 

Thanks Adv Raghavan. I need some clarity on this.

Even if the divorce is not valid in India, it might be valid in US right? And if I get the divorce on the grounds which is valid in India and not ex-parte (if she responds to the petition), it will be valid in India and it won't be bigamy or adultery right?

Also, if she files 498A and if I am not attending since I am in US, will it lead to deporting me from US to India?

Thanks in Advance.

Samir N (General Queries) (Business)     30 September 2013

I don't think you know much about any law, let alone U.S. laws. First, in the U.S., marriage laws are state-specific so anyone answering your question without having all the details of the specific divorce laws in that state is doing what most Indian advocates, and especially advocates on LCI are known for: ANSWER YOUR QUESTION WITH CONFIDENCE BUT WITHOUT KNOWING THE ANSWER!  Second, while it is well-settled that valid  overseas divorce decrees have been accepted in India, they always involved both parties presence. Ex parte decrees will not be recognized by Courts here. Indian High Court Judges are very smart. U.S. Judges are not that stupid either to buy your bizarre facts. 


Conclusion: Based upon the facts provided by you, you have destroyed someone's life and I hope that her parents are powerful and knowledgeable enough to destroy yours. If you have any hopes of getting relief there, then forget it. If the Judges there find out that you were involved in Domestic Violence or dowry demands, let alone getting divorce, you may be in deeper trouble. If your wife sends a copy, preferably through the Indian Consulate, of the DV abd 498 petition to the U.S. Family Court with another Copy forwarded to the U.S. Attorney's Office or the District Attorney of the State or to the Immigration Service (INS), you could very well lose your H1-visa, be extradited and never be allowed to return to USA. So, Mr. Smartass, don't try to impress anyone here about going to U.S. to escape your wrong doings. Better stay in India and resolve your problems first. You are not a U.S. citizen.  If you were, it would be a different story even if you were on the wrong side of the law. Hope you pay a big price for destroying an innocent life.


Vinoth (Senior)     30 September 2013

Thanks Raj123.

Yes she refused when I spoke about MCD, and I went ahead and filed Divorce when I was in India.

I was threatened by her relatives, and I had to take it back. Even she doesn't like me. But she doesn't want to be divorced.

 

Thanks Samir N.

I accept I don't know anything about Law.

No, I am not planning for Exparte. And no, am not escape to US. It is just that they might stop threatening me physically.

And no, there is no domestic violence nor dowry harassment. Even they know that.

If at all they file, yes it will go for years, but they would be proved false. I have not even scolded her once.

Being a woman alone cannot be a criteria for Innocence. Anyway, that's just out of topic. And please don't be emotional while replying.

Thanks again.


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