distressed (software engineer) 05 March 2013

Wife rcr after feeling usa when i files divorce in usa

My wife and me were divorced earlier.Mine was mutual consent divorce and hers was contested for 5 years she claimed husband as impotent.

The high court had condemned her and her prarents with respect to cruel treatment meted by her to her husband and set aside the impotency and also used words as adamant nature of the gal is evident in the inhouse court proceedings .

having said she ran away from US while i was away to India for 1 week 2 years back and has remained uncommunicative 100s of people have tried to advise all invain and does not want to join me.

finally I filed divorce in US and she filed RCR in India . the US divorce is over and i got the divorce and child custody. Now she is still fighting the RCR petition in India so far not even 1 hearing as happened.

Now can I go to India and say I willing to accept her and all her allegations are false in the district family court?

In that scenario what happens to the US divorce and child custody?if she does not join me?

What are the repurcussions of me accepting her RCR as the US divorce has already happened?

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2 Replies

Tajobsindia (Senior Partner ) 05 March 2013

Firstly - If in US Courts she particiapted in divorce proceedings and like you say US Court granted divorce decree along with child custody to you then I donot understand what was need to approach Indian courts?

Secondly - If you donot want her in your life then why accept her RCR?

I feel there are some missing link in your brief which I didnot understood properly. You may clarify especially the openning 6 lines. .

distressed (software engineer) 05 March 2013

Although she was in India at the time of filing the divorce in USA she made submissions to the court in USA about hindu marriage act and the courts having no jurisdiction in USA for divorce as she was married under hindu marriage act.

It was a expartee order. she was properly notified through Hague convention and she also submiited her inability to come to courts in USA due to visa (She is a green card holder and she puposefully overstayed beyond 1 year plus ) and inability to hire attorneys and also that the courts lack jurisdiction.

I wanted to quickly dismiss the RCR petition in India .

Now can I go to India and say I willing to accept her and all her allegations are false in the district family court?

In that scenario what happens to the US divorce and child custody?if she does not join me?