On green card- declaring US divorce null and void

[sreedevi_saran]

Hello,

My husband has divorced me based on irreconcilable differences agaisnt my will.We are both GC holders. I want to get divorce nullifed and voided in India, based on divorce recognition rule for foreign divorces in India.

Has anyone done this?

I checked on some other forums:
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found at

http://marriagepartner.com/talk/mess...tml?1155508348

By raj on Tuesday, June 7, 2005 - 05:33 am:

I got married in India and divorced in USA and looking to hire an effective attorney in India to validate dovorce, can anyone refer a good attorney in india, my divorce was declared null and void by lower court in india, so looking for a good attorney in high court to help validate the divorce

Thanks for your timley help.
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So, I know for sure that it can be done.

He ditched me for one woman and is sure that he cannot get divorce in India.
He plans to re-marry. I know that I can file bigamy on him under IPC 494.
What I am worried about is my daughter only and so want to save the marriage.

Any help would be highly appreciated.

[rajmash]

sorry dont know about ur situation ................

my two cents....
did u get alimony for ur daughter?

why would u want to "save" a marriage that clearly is not going anywhere!
if u r unhappy with the whole thing - get alimony for ur daughter - and get the freedom for urselves

besides if he already divorced u here in US - and he lives with another woman - and probably is going to apply for ciitzenship - he probably doesn care what happens to his "marriage" in india anyways - unless he plans to go back to india and settel -then it matters

[sreedevi_saran]

NO advice pls on my marriage.
If I can't save it, i want justice.

if he is leaving me for no reason, I know that I can file
bigamy charges against him and his family for abetment by returning to India and teach him a lesson.

My lawyer in India has told me that divorce could be nullified at high court for the marriage jurisdiction in India.
She is telling that there was some bigamy case ruled by supreme court of India after US divorce and the woman gor her husband convicted for bigamy.

She told me, one has to divorce in India as well if married in India, before getting re-married anywhere or else face bigamy charges.

She is finding the lawyers on her own, but just wanted to know if someone has done it, that could be helpful to me.
I know that a hindu marriage can only be ended under provisions of hindu marriage act.

You are not supposed to desert a woman for another woman for no reason.

I will appreciate only if someone has done it and want to know the attorney names.

Don't need alimony, can take care of my daughter's need.
The Court here gave me custody. I have not agreed to divorce.
Thanks
Sreedevi.

[bashar82]

What's the point. He lives in the US and I presume that you live in the US. In the US you will still be considered divorced regardless of what a court in India rules. A majority of issues such as marriages and divorces are recognized by other jurisdictions based on reciprocity. An Indian court may even recognize your the American divorce as you, once again I presume, maintain residency in the US.

[rajmash]

i was commenting because i know of a similar case..

the guy iam talking about , doesnt care - he remarried in US and living here.

the girls family did all they could in india - indian courts dont jail the parents for a sons bigamy charges!

it will all eventually come to money! because you cannot take revenge on a person any other way - if he is not living in india ( unless you do slueth work and know when he is coming to india - and have the police ready to arrest him - good luck on doing that )


the only thing is - probably is too late- regardless of whether u can take care of ur daughter or not - having to pay alimony for ur daughter - will be the only thing that can bother him

"You are not supposed to desert a woman for another woman for no reason.
"

in US - irreconcilable differences is a reason