Question Regarding Marriage

P

pingpong02

Registered Users (C)
Hi,

THE HINDU MARRIAGE ACT, 1955 Says

It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

Now if a person gets GC and is living in US , Is the person still covered under this act ?

Let's say the person married in and left the spouse back in India and marries a non Indian Citizen in US , Will it be an offence ? If yes is it an offence under Indian Law or US Law or both ?

What could be the worst case impact on the GC of the person itself ??

Thanks
 
Thanks!! Jaic for your response.

You may assume as follows

The person is a GC holder but still an Indian Citizen.

The first spouse is in India and is a citizen of India and their marriage is registered as per the Hindu Marriage Act.

The second spouse is in US and is a non Indian Citizen and their marriage is registered in US.

If this is illegal where can this person be tried in court ?

Only in India
or
Only in US
or
Both in India as well as in US ?

Thanks
 
Originally posted by pingpong02
Thanks!! Jaic for your response.

You may assume as follows...

If this is illegal where can this person be tried in court ?
Click to expand...

Only in India. The Hindu Marriage Act holds as much weight in US courts as the toilet paper I used this morning when it comes to divorce.

If I am married in India according to Indian law, and I get divorced in the United States, then I am free to marry in the US, as well as any other country that recognizes a US divorce, such as Canada. No crime will have been committed.

My wife and I used to work in a courthouse in an area with a high Indian population. Every now and then we'd get a letter claiming that the respondent didn't recognise our court's jurisdiction, and quoted Indian law. We'd say, "that's nice" and issue the divorce anyways.
 
The Canadians

have legalized gay marriages while the US refuses to do so. So what will BCIS do if the GC applicant's spouse is of the same sex?

I know its a 1amshantanub type question but i wonder what will happen. hmmm:p
 
According to the Geneva convention if any country that signs this convention must recognize marriages that were registered in all the countries that signed it too. US and Canada are two of them. I thought I read about a Saudi citizen who brought five wives to US and gave all of them GCs. It'd been a big problem for countries like Germany and Denmark that supported this convention before some local laws were ammended to prevent it. Unless US issues a law that doesn't recognize gays marriages they should be as good as heterosexual for BCIS.
 
To real canadian

Hi RealCanadian
I have question for you for one of my friend. He got married in India in 1993 and then the marriage diden workout well then the spouse refuse to do divorce and threat to harase. He came to US in 2000 and still noting is done. He wants to know how to file the divore from US and how much time it takes and how to find the good lawer(in MA) for that. Also he dont have any marriage certificate cause the marriage was in Indian village and people do not want to register the marrages there.

thanx allot in advance.
 
Hi BostonGC2002,
you can't divorce your wife in USA unless she is here. You must have to file the divorce in India. If that is not possible because your wife does not agree for it, then you have no other way but
to go for LTR(Long Term Relationship) here :p
 
Originally posted by dsatish
you can't divorce your wife in USA unless she is here. You must have to file the divorce in India. If that is not possible because your wife does not agree for it, then you have no other way but
to go for LTR(Long Term Relationship) here :p
Click to expand...

I'm not sure where you get that information. My understanding is a divorce can be filed in whatever state either party is residing in. Remember that divorce is a STATE, not federal issue. The fact that one spouse was in India never stopped us from granting a divorce back in Canada, and the US is no different.
 
Originally posted by udacha6
According to the Geneva convention if any country that signs this convention must recognize marriages that were registered in all the countries that signed it too. US and Canada are two of them.
Click to expand...

Keep in mind that marriage and divorce are two seperate things. The US will recognise an Indian marriage. However, if you choose to get divorced in the US and follow US law, that divorce will be legally binding in the United States even though it may not be recognised in the home country.

Second, no Geneva convention nonsense will ever force the US to recognise multiple or same-sex marriages. Ain't gonna happen.

I thought I read about a Saudi citizen who brought five wives to US and gave all of them GCs.
Click to expand...

Unlikely, since the I-485 form has a specific question on it that asks "Are you coming to the US to engage in polygamy?" Now getting the GC through illegal means and getting caught are two seperate things, but this individual and all of his "spouses" would be considered inadmissible and deportable. Even if they got citizenship it could be stripped.

Unless US issues a law that doesn't recognize gays marriages they should be as good as heterosexual for BCIS.
Click to expand...

They already have. It's called the "Defense of Marriage Act".
 
thanx RealCanadian !!! Could you please discribe more what will be the options for this poor guy to start his new life again ..
thanx allot
 
To realcandian :
You might be correct if the person is a permanent resident of this country (or canada). But how can USA issue divorce notification to
a non-resident ? Divorce involves two people and i fail to understand how any country can issue divorce notice to a non-resident in the interest of a non-resident ?
 
TO RealCanadian
How to find out good lawer to solve this problem (in MA)? If you know any one please let me know .

thanx again for your help
 
dsatish,

If you are paying the local taxes, the local laws are applicable on you. You dont have to be a permanent resident or citizen.

Secondly, you can apply for divorce where the couple lived together last. So a marriage under the Hindu Marriage Law can be desolved in a US court if both the above conditions apply.

But I dont agree with the comment that Hindu Marriange Law has no value in US. A marriage under any law should be recognized anywhere in the world. I once took a legal opinion from a lawyer on this issue.
 
Originally posted by dsatish
Divorce involves two people and i fail to understand how any country can issue divorce notice to a non-resident in the interest of a non-resident ?
Click to expand...

If the petitioner is subject to the local jurisdiction, then he or she can seek to have a divorce issued. Just because the other party isn't within that jurisdiction doesn't mean that the divorce can never go through.
 
Originally posted by BostonGC2002
How to find out good lawer to solve this problem (in MA)? If you know any one please let me know.
Click to expand...

Sorry, I have never had the pleasure either of living in MA or getting divorced.
 
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