Divorce and India

A

arizonian

Registered Users (C)
This question does not belong here, but I will appreciate a response anyway.

When someone who originally got married in India gets divorced in the US, does he/she have to file for divorce proceedings again in India, or will the divorce proceedings in the US be acceptable?

In other words, when someone who got married in India but gets divorced in the US without any paperwork for the same in India, is he/she still considered as being married in India?

Any responses will be appreciated.
 
that is obviously true, marriage was as per Hindu Law and has to be voided there too

arizonian said:
This question does not belong here, but I will appreciate a response anyway.

When someone who originally got married in India gets divorced in the US, does he/she have to file for divorce proceedings again in India, or will the divorce proceedings in the US be acceptable?

In other words, when someone who got married in India but gets divorced in the US without any paperwork for the same in India, is he/she still considered as being married in India?

Any responses will be appreciated.
Click to expand...
 
See Inline ....
arizonian said:
This question does not belong here, but I will appreciate a response anyway.

When someone who originally got married in India gets divorced in the US, does he/she have to file for divorce proceedings again in India, or will the divorce proceedings in the US be acceptable?
.... Divorce proceeding in US is acceptable.

In other words, when someone who got married in India but gets divorced in the US without any paperwork for the same in India, is he/she still considered as being married in India?
.... S/He is divorced, India or US.

Any responses will be appreciated.
Click to expand...
 
if Indian married person takes divorce outside india,

it is not VALID unless and until it is mutually contested.

for more reference just google it.

you will get lot info on it.
 
What is completely wrong?

Don't say blindly that one needs to get divorce in India, in all circumstances.

Again, in normal circumstance, divorce/marriage in US (or India) is VALID anywhere you go.

Please note that there are certain scenarios and that may force/guide Indian judicial system not to recognize international court decision.


dimag_mari said:
This is not true, completely wrong.

arizonia,

Here is reference for you,

http://www.shaadi.com/wedding/legal/legal/051123-mental-cruelty-1.php
Click to expand...
 
usnycus said:
What is completely wrong?

Don't say blindly that one needs to get divorce in India, in all circumstances.

Again, in normal circumstance, divorce/marriage in US (or India) is VALID anywhere you go.

Please note that there are certain scenarios and that may force/guide Indian judicial system not to recognize international court decision.
Click to expand...


I don't know about international court decision. but other countries divorce decree is not recognised by India unless and until it is mutually contested.

see reference provieded by me.
 
Here is another link from same site you gave. Pls check yourself:

http://www.shaadi.com/wedding/legal/legal/051012-divorce-in-us.php
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Is a divorce in US valid in India?

Q: XYZ asks,
Is a divorce in US valid in India? I live in US but I got married in India in Nov 2002. She lived in US after marriage. But we both lived separately in US for more than 2 years. We filed for divorce by mutual consent. The final decree was granted on the grounds of irreconcilable differences (as defined by US law T.C.A Section 36-4-103) and divorce by mutual consent (section 10A(1) of the Indian Divorce Act - Amendment 2001).
My lawyer in India said this is enough to be valid in Indian courts based on the Judgment of Supreme Court while dealing with a judgment of the circuit court of St. Louis County, Missouri, USA. What is your opinion about this?

A: Dear XYZ,
As per the facts and the query which you have narrated, when both the parties have complied the due formalities of entering into consent terms and have personally remain present before the honorable matrimonial forum, then in that case the divorce obtained by mutual consent is valid and applicable in India.
==================================================


dimag_mari said:
I don't know about international court decision. but other countries divorce decree is not recognised by India unless and until it is mutually contested.

see reference provieded by me.
Click to expand...
 
usnycus said:
Here is another link from same site you gave. Pls check yourself:

http://www.shaadi.com/wedding/legal/legal/051012-divorce-in-us.php
==================================================
Is a divorce in US valid in India?

Q: XYZ asks,
Is a divorce in US valid in India? I live in US but I got married in India in Nov 2002. She lived in US after marriage. But we both lived separately in US for more than 2 years. We filed for divorce by mutual consent. The final decree was granted on the grounds of irreconcilable differences (as defined by US law T.C.A Section 36-4-103) and divorce by mutual consent (section 10A(1) of the Indian Divorce Act - Amendment 2001).
My lawyer in India said this is enough to be valid in Indian courts based on the Judgment of Supreme Court while dealing with a judgment of the circuit court of St. Louis County, Missouri, USA. What is your opinion about this?

A: Dear XYZ,
As per the facts and the query which you have narrated, when both the parties have complied the due formalities of entering into consent terms and have personally remain present before the honorable matrimonial forum, then in that case the divorce obtained by mutual consent is valid and applicable in India.
==================================================
Click to expand...


did you read my posts properly ?

it is mutually contested.
 
That is TRUE in majority of democratic countries. Without giving proper notice (or participation in due process) to the spouse, divorce is not possible even here in US.

dimag_mari said:
did you read my posts properly ?

it is mutually contested.
Click to expand...
 
dimag_mari said:
did you read my posts properly ?

it is mutually contested.
Click to expand...
Are you sure you meant contested and not consented??

If you really meant contested then please kindly explain how would that work.
 
Contested OR consented ...... doesn't matter:

If both parties were involved and there was no fraud, Indian court will honor divorce judgment from any international court/body.
 
Indian marriage, divorce and the American blond !

Hey Indians -

Do a lot of you come over here married, then find yourself in a free country, ready to drink, party and meet the 'girls gone wild' - and then get divorced?

I am curious.
 
Nope,

India has more divorce rate now a days.

that's it. it does not matter in which country you are.
 
IloveAmerica2 said:
Hey Indians -

Do a lot of you come over here married, then find yourself in a free country, ready to drink, party and meet the 'girls gone wild' - and then get divorced?

I am curious.
Click to expand...

It is not us, but our wives who get "liberated" and "americanized" after being exposed to the female homo sapiens now native to North America.
 
only mutually agreed US divorce is valid in India

This was my reply to one post where a girl wants to divorce her husband in USA

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If your sister's husband has agreed to the divorce, she will be fine.
If not, the she will face following situation regarding bigamy, because INS has strict laws agaisnt bigamy
by laws of any nation and it simply does not tolerate anyone breaking laws of the native country in this regard.

a. If your sister's husband has NOT agreed to the divorce AND
b. If your sister is planning divorce in US AND
c. If your sister's marriage has occurred in India under one of the matrimonial laws
of India, like Hindu Marriage Law, Christian Marriage Law etc.

then the US divorce must be in accordance with one of the grounds prescribed under the matrimonial
law under which the marriage has taken place. If not, the US divorce would be null and invalid,
even if both your sister and her husband are permanent residents of US.

If she re-marries anywhere after US divorce, her husband can file a criminal complain of bigamy
against your sister in India,which carries 7 years to 10 years in prison and huge fines.
Your sister's husband will be charged with adultery, for failing to extract the facts of your
sister's first marriage, which carries 3 years prison for him.

Your sister's husband can easily get your sister extridited for offense of bigamy.
The crime would not be by laws of US, but it would be by laws of India and that is enough
for extradition. Moreover, in the event of crime of bigamy by law of any country(even though not
by law of US), your sister's green card /citizenship will be revoked by INS, since INS has explicit laws
against bigamy

Moreover, if it is no-fault or 'irreconcilable differences' ground for divorce that would be petitioned by
your sister, then it does not matter whether he agrees to it or not, the party petitioning the divorce
always gets it.SUch divorce is not recognized in Indian Court, if he objects to it in Indian court.
His way of showing that he disagrees or objects to the divorce would simply be file a crime of bigamy
in India, in the event of your sister getting re-married.
 
Nayalak's views are based on extreme interpretations of US and indian laws. His talk about getting extradition based on a faulty charge of bigamy seems laughable. He probably underestimates indian courts ability to reach a fair deal to both parties in a divorce.
 
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