Hi, My husband and I was living in Texas for the past 2 years and he filed a divorce case in Texas. I do not want to divorce him here and want to take the case to India as we are legally married there. Can I do that or can someone file for divorce in India on my behalf of me?
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You can file a contested divorce i India on the grounds of cruelty.
If you are not able to file the case by yourself, you can give a power of attorney deed in favor of any close relative back in India who can file the divorce papers on your behalf through an advocate and also represent you in court during your absence
1. Contested Divorce decree obtained from USA will not be legally valid in India as USA is not recognised as one of the reciprocating countries by the Indian Government. However Mutual Consent Divorce decree or it's equivalent decree obtained from USA will be valid in India.
2. You can apply for divorce in the jurisdictional Indian Court by authorising one of your parents/siblings/friends to act on your behalf in India by giving them POA. But once or twice physically both have to be present in the Court.
You can in reply object to jurisdiction of US courts as marriage has been solemnised in india and divorce can be granted only on grounds recognised by HMA
file separate petition for divorce in india seek stay of divorce proceedings in USA
You can come back to India and file a Divorce case here.
You’re free to appear before the court in Texas and challenge its jurisdiction.
Also, you can file a divorce in India, either on your own or through your POA
Yes you can file a fresh case in india if it comes under jurisdiction and Indian law
Hi, the question of territorial jurisdiction for a divorce in India would come into the picture. Since the marriage was solemnised in India. You can bring the petition to India but since divorce proceedings are already in play in Texas it would be a matter before the courts regarding concurrent jurisdiction and comity of courts. Secondly, you would have to issue a letter of engagement to an attorney in India to appear and represent you in the matter.
US case will decide there only. If your are not acquired US citizen ship than can raise an objection in US court that your marriage is subject to the provision of Hindu Marriage act and US court has no jurisdiction to annul the marriage by grating divorce.
In India, you can give POA to any of your relative to file divorce on your behalf.
1. The divorce decree if passed by USA Court will not be considered valid in India till it is validated by the appropriate Court in India for which your husband shall have to file a validation petition wherein you shall get ample opportunity to contest it.
2. If you also want divorce, you should file it in India as per Indian Law.
3. For filing the divorce suit, you can get the plaint of the suit sent to you in original by your Indian lawyer to enable you to take it to your local Indian Consulate for appending your signature on the plaint to be attested by the appropriate officer of the Indian consulate.
4. The said attested plaint of the Divorce Suit shall have to be sent to your lawyer in India for his filing the same before the District Court in India.
Decree of divorce of marriage obtained in U.S. performed in India as per Hindu rituals is not valid and enforceable in India. Any spouse can file divorce proceeding in Indian Court pending divorce case pending in U.S. Divorce in India will override divorce in U.S.
Dear client,
If your husband has filed for divorce in Texas, it is likely that the divorce proceedings will take place in Texas unless there is a legal reason to transfer the case to another jurisdiction. You should consult with an attorney who is licensed to practice in Texas to determine your legal options and whether it is possible to have the case transferred to India.
In some cases, it may be possible to file for divorce in India even if your husband has already filed for divorce in Texas. However, this would depend on the specific laws of India and whether you meet the residency requirements to file for divorce there. You should consult with an attorney who is licensed to practice in India to determine your legal options.
It is also possible to have someone file for divorce on your behalf in India, but again, this would depend on the specific laws of India and whether you meet the legal requirements to do so. An attorney licensed to practice in India can advise you on this matter.
In any case, it is important to consult with legal professionals who can provide you with advice tailored to your specific situation.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If, the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- Hence, if you will not appear before the US court after receiving the notice of his case, then the decree passed in your absence will not valid in India , and you will be considered as his legal wife.
- You can file a case against him in India , after giving POA to any relative in India, but your appearance may be needed on some date of hearing before the Court.
With regards to marital issues, the Indian Diaspora across the globe frequently gets stupefied in the struggle of Family laws. Also, particularly with regard to divorce, things are expected to get even more feed wired. Anyway, little is it known that the situation as for the matter appropriate is a lot clear. For sure, the divorce petition can be filed as well as settled externally in India regardless of whether the marriage has occurred in India.
Under Section 13 of the CPC, any judgment, which is passed in a foreign court is legitimate and valid in India in the event that it doesn't fall under specific exemptions. Moreover, Hon'ble Apex Court explained the law for foreign wedding decisions in the country in the judgement of Y. Narsimha Rao and Ors. versus Y. Venkata Laxmi and anr.
