Foriegn decree on divorce and its validity in india

John P Thomas (Querist) 01 December 2016 This query is : Resolved
"A" married "B" in India. Thereafter A went to USA and then took B there. A obtained a consent letter from B for filing a divorce petition there and sent back B to India. Thereafter A obtained some papers notarized in India. Now its is learned that A obtained divorce decree from US court . Can B challenge the decree before any court in india? What is the effect of decree obtained by A? What are the options available to B to avoid the decree?

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Devajyoti Barman (Expert) 01 December 2016
If the divorce is obtained in USA ex parte or without the informed consent of the wife then such decree is not valid in India.
So wife can initiate case agaisnt the husband as if she is still married with him.

Kumar Doab (Expert) 02 December 2016
What is this consent letter from B?

Rajendra K Goyal (Expert) 02 December 2016
Divorce obtained in US is valid.

All the documents she signed need to be referred for further advice.

The status / copy of US court orders may be searched online.

Guest (Expert) 02 December 2016
Better the Author should Post the Reply to the Questions of Expert Shri Devajyoti Barman

adv.bharat @ PUNE (Expert) 02 December 2016
What is consent letter from B?

P. Venu (Expert) 02 December 2016
Who are A and B? What is the source of information as to decree for divorce?

Dr J C Vashista (Expert) 03 December 2016
1. How are you concerned, whether you are "A" "B", "C" or "D"?

2. The marriage was solemnized/contracted under which laws?

3. What has been consented in the letter?

4. What are the papers which are allegedly stated to have been notarized?

5. What is the ground for filing divorce in US Court?

6. How and when does "B" came to know about alleged decree of divorce?

Prima facie it is an examination hall question paper with hypothetical information.

Rajendra K Goyal (Expert) 03 December 2016
Author should reply the question from expert for further advice.

John P Thomas (Querist) 05 December 2016
parties married under indian divorce act.Last resided together in india.Husband went abroad.He sent a letter to the wife he can get a greencard if a divorce paper produce before the court there.The proposal accepted by the wife under compulsion.He send papers to attest before a notary.Wife signed those papers send to the husband.There after nothing was heard .Wife instituted a suite for patrimoney and returne of value of gold ornaments.Husband produced a decree of divorce obtaind from u.s court the same has been upheld by the court .Can wife challenge the order?. court. e

Guest (Expert) 05 December 2016
Ignorance of Law will not be an Excuse..The concerned girl had been betrayed by her husband and Legally the Husband side is Safe.The Patience and Belief in God would Certainly help the Girl and the God's Punishment would be very strong even if if is Late.Any Legal steps against him would be your waste of Money and Time.Better Provide her the Moral support in All Aspects.

Guest (Expert) 05 December 2016
The Holy Bible Says" Leave the Punishment to God "

Kumar Doab (Expert) 05 December 2016
'divorce obtaind from u.s court the same has been upheld by the court '

What is the opinion of your counsel that has examined case file and represented you .

Guest (Expert) 05 December 2016
Practically Once the Papers are Signed by wife for Consent Of Divorce her side is Legally totally Zero if at all there is a Child for them there could be some hope.Better consult a Local good Senior Advocate and Avoid Legal expenses which would be additional mere waste.I am not discouraging you but I am telling you the Practical Result.

Guest (Expert) 05 December 2016
I know a Person whose mother was a Physical education director and married to a Girl of highly Reputed family .The boy /Person had an illicit relationship with his staff and both of them went to Korea for business.Inspite of our advise the girl was adamant Not to take action against her husband.Finally the boy came back being stron gly betrayed by his illicit relationships.Nothing is more Powerful than Patience.

P. Venu (Expert) 06 December 2016
Obviously, the husband had played fraud. Was this brought to the notice of the Court which upheld the alleged US decree?

Guest (Expert) 06 December 2016
Divorce Papers were signed by the Wife and attested by Notary Public and Sent to the Husband by Wife. No question of Fraud arises here Legally as Wrongly Claimed by Mr.P.Venu.

Rajendra K Goyal (Expert) 06 December 2016
As mentioned divorce is complete.

She should refer the divorce orders, in US the matrimonial assets need to be distributed equally on divorce. What assets were declared by him in plaint, if some assets were not declared, he can be in trouble. Her portion of assets need to be claimed by her. She can search proceedings on line.

J K Agrawal (Expert) 31 December 2016
It depends how marriage solemnized and what is the religion of both spouses. The basic matter is which law applicable to them.

Hindus, married under Hindu Laws are governed by Hindu Marriage Act only Christians are governed by the Indian Christian Marriage Act (and so on). There is no privilege to persons living out side India to adopt any foreign law in case of matrimony.

Your query is totally vague. No such divorce possible even in foreign countries by a notarized consent letter without summons to her.

Foriegn decree on divorce and its validity in india

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