Respected Attorney. My neice got married in India and was granted divorce by competent court with mutual consent and without any liability. We are in process of settling her marriage with a boy who is in US on HIA VISA and is said to be divorced in America and simultaneously requesting court of law in India to grant divorce on the basis of Divorce at America. There was an FIR against the boy in India also. It is informed to us by family of Boy that Honbl court here in india is also positive but there needs to be certain clarifications by Honbl court under sec 226 of IPC. Kindly guide us if we may 1) Persue furthur for settling the marriage as American court has already accepted the divorce mutually. 2) all issues (exchange of earlier assets etc) has also been setteled and informmed to court here in India. Please Guide......Your opinion is very very important to me.
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1) whether divorce in USA was granted by mutual consent kindly clarify .
2) if not then wait for courts in india to grant divorce
3)it is necessary to peruse court orders passed by US court to advice
4) in addition as far as FIR against boy in india whether it has been quashed or not by the HC
1. Since decree of divorce granted by USA court is not valid India your niece must wait till the passes final verdict on the decree of the divorce.
2.Mere grant of divorce does not end the criminal case f the same is pending agaisnt the prospective groom.
3.So he must end the case as well which can be expeditiously done by the high court in quashing of his wife consents for the same.
4. So in other words once this boy gets rid of both the marriage and the criminal case then only proceed to make marriage of your niece with this person.
Good luck.
Dear Concerned,
You should not get into this relationship until the matter has been sorted out by the courts in India - their has been multiple NRI marriages frauds that has been reported quite recently and it becomes bit tricky to bring the Boy to India.
Best of Luck
1. Did you verify the judgment or decree of divorce that was granted by US.
It may not be valid in India if it was an exparte decree.
2. Dont do anything under presumption or on hearsay information.
You should verify everything by he court certified documents in order to avoid recurrence of any previous incidence.
You can get the documents scrutinised by a local lawyer, get his opinion and then decide to move ahead or not.
