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Divya (Accountant)     01 August 2013

Need help to reunite a couple

My sister got divorce under "Irreversibly Broken" category at USA in 2010.They were married from 2008 and both went to diff parts of USA in 2009.2010 end of year this happened because from 2009 on they never were together in the same house and by beginning of 2010 they both went completely no contact due to so much of conflicts .But now after she came to India in 2011 we all talked her into saying to reunite the couple.Her husband sent a letter but no seal or Govt seal on it saying..he doesnt want to live with her any more.But she now wants to live with him.None of them filed any in Indian Court yet.They had married based on Hindu Marriage Act in 2008.Can you please help as to what can be done to reunite them..we understand emotionaly we need to unite them but are they legally voided out of marriage is our question .Because my brother in laws family says done is done in USA and so its valid in India too..So Kindly help clarify.



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 4 Replies

PARUL (Lawyer)     01 August 2013

No need to do anything. They are still married according to Indian Law.

Divya (Accountant)     01 August 2013

Omg....thanks a lot Parul...This is so much helpful to me...I can now tell my mom not to worry..The Other day whan my sister went to meet her mother-in-law they scolded her saying..everything is over..dont come this way ...so we were worried they are going to get the son remarried.But we also know that their son is still interested in my sister just that he is afraid of his parents now .Thanks for your reply..Thanks a ton!!!!

Adv k . mahesh (advocate)     01 August 2013

go through this article 

https://advocatebharatchugh.wordpress.com/2012/11/17/validity-of-foreign-divorce-decree-in-india-does-your-ukus-divorce-stand/

 

Under the provisions of the Hindu Marriage Act, 1955, in a case where the respondent is at the time residing outside the territories to which the Act extends, a petition can be entertained only the district Court under whose original civil jurisdiction (a) the marriage was solemnized, or (b) the respondent, at the time of the presentation of the petition resides, or (c) the parties to the marriage last resided together, or (d) the petitioner is residing at the time of the presentation of the petition. 

The Hon'ble Supreme Court has laid down rules to recognize a foreign matrimonial judgment in India. The jurisdiction assumed by the foreign court as well as the grounds on which relief is granted must be in accordance with the matrimonial law under which the parties are married, except (a) where the matrimonial action was filed in the forum where the respondent is domiciled or habitually and permanently resides and that relief is granted on the ground available in the matrimonial law under which the parties were married, (b) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on the ground available under the matrimonial law under which the parties were married, or (c) 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. 

Divya (Accountant)     01 August 2013

Thanks Mahesh.But Iam not quiet understanding the legal terms.But one thing is ,when the divorce was filed they both were resising in two different states in USA and it was got under "Irreversibly Broken " condition .The husband was not in the court to sign anything nor did the court require it.The divorce was granted to the wife that they were broken and the paper was sent to him .After a year ,in India he sent a mail to the wife's home saying he accepts it as a normal letter.

So its still broken ? The divorce was filed where the wife was living in USA and not where the husband was living.


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