We are indians and green card holders in usa. married in usa and I wanted apply divorce in india. Can i do that? we are in USA for 8years and never travelled to india. and if yes, can i apply in india without travelling to india? if my spouse files in us, can i defend with indian divorce case. I m nt interested to apply and fight in US, would like to hire some one upon best advice. my husband is going to apply soon, i want to apply before that to defend him at US court. Priority high and immediate. Thank you
If you are married in USA and marriage is not registered in india then divorce petition has to be filed in US only
2) your marriage is also not registered with Indian consulate under provisions of foreign marriage act
3) Indian courts have no jurisdiction to enter Ian your divorce petition
You cannot file divorce in India as neither you were married in India, nor ever resided with husband as husband and wife in India, and further your husbabd too does not reside in India, hence, Indian Court does have jurisdiction in India. Divorce case can be filed through Special attorney also.
Hello,
if you are not residing in India and married in a foreign country as per the existing laws of that country, you can't apply for divorce in India.
You can file divorce in India if your marriage was under Hindu marriages act or any other customary marriage of Christian,muslim Sikh, parsi religion and you are residing in India at the time of filing.
- As per law, if the marriage is solemnized in a foreign country under the provision of Indian Foreign Marriage Act or Special Marriage Act , then the jurisdiction to file case can be India
- Further, if the marriage is solemnized as per the provision of that foreign country , then the cases cannot be filed in India.
- Hence, if your spouse files a case then you will have to contest the case there and not in India.
If you are hindus, then marriage has to be performed in accordance with Hindu Marriage Act. Is it registered in india?
This Act applies to hindus domiciled within the territories of india, kashmir and ladakh.
Can you share more facts to demonstrate that your marriage attracts that you are amenable to india marriage laws?
Dear Client,
In India, you can file for divorce under the following circumstances: if the marriage took place in India, if you both resided together as a married couple in India, or if you currently reside in India or have the matrimonial home in India. Based on the information provided, it seems that none of these conditions apply to your situation. Therefore, filing for divorce in India by traveling to India or through other means may not be possible in your case.
If your husband files for divorce in the US, you can only defend it within the same case in the US and cannot counter it with another case in India. However, if you wish to file for divorce yourself, one possible option is to establish an address in India as the matrimonial residence. By doing so, you can engage a lawyer in India to assist you in filing the divorce petition and attend any required digital appearances on your behalf.
Yes you can apply for divorce in Indian court according to the Indian foreign act.
If you both married as per USA laws then your marriage is legally valid in USA, therefore the divorce petition also can be filed in USA alone and not in India.
If in case he files a divorce case in USA, you have to participate the same, object to his allegations and strongly refuse the grant of divorce for the reasons you may rely upon.
Dear Ma'am,
Please go forward and execute a General Power of Attorney in favour of a person whom you are close to. That person can represent your case in India. Please note that a divorce granted abroad could be executed in Indian court of law by virtue of Sec 44A of CPC, 1908. Note that the order pertaining to maintenance, custody etc., must be passed by a court of competent jurisdiction otherwise the decree, order cannot be executed in India.
If you are married as per Indian customs and had resided in india and are still citizens of india then you can file divorce in india
Dear querist,
Divorce proceedings can be filed at the following places:-
1. Where the marriage took place
2. Where the couple has mutually cohabited and residing
3. Where the couple has resided after marriage.
If your case comes in such criteria, the petition can be filed in India.
Once it is filed, you can take the ground that the proceedings are already pending here in India and the proceedings that might have been filed later by husband in US, hold not good in law and shall be sine sine adjourned claiming the principle of res subjudice.
To answer specifically, facts of the case are needed to give prudent and clear advice.
In case you need my consultation, I can be contacted on www.g.page/yuganshusharma
I hope justice prevails for you.
Regards
