Raj (Professional) 06 July 2015

Divorce in usa and actions needed in india

Hello,

We are in the middle of getting a divorce in USA. Both me and my wife both live together as of now. Both are still Indian citizens.

The process is simple here in US. After a waiting period of 6 months, we can get a divorce after that. Also based on the local State laws, the property is divided between the two.

Now, I have some additioanl property in India (In my name only) and US court cannot rule anything about foreign property, since they do not have any control over anythign outside USA. Here is what I would like to know,

1. Should I transfer the property in Indai transfered to someone else, before I file for divorce?

2. What happens once we get the divorce in USA, do I need to take any legal steps to make it clear in India also?

3. How to avoid any potential Dowry/harrasment case? (I have not taken any dowry by the way) You know how people are misusing this in India and I would like to make sure I have the right protection

Thank you,

Reply Follow

5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 July 2015

Sir,

In whose the name the property stands and who has the acquired that property?

After you get the divorce done is USA, file the decree in Indian Court and get the same approved by Indian Courts.

Once the divorce decree is done in USA on the clear terms that your wife will not claim anything at all from you in future ..Then I beleive she will be bound by the same .

Warm Regards

Kapil Chandna Advocate

9899011450

Raj (Professional) 06 July 2015

Thank you Kapil. The property is in my name alone and it was acquired by me. Some before the marriage and some during the marriage. How to protect my self from divorce/harassment case in India, while I get divorce in USA? I do not want them to create problem for my parents in India. Thank you,

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 July 2015

Sir,

If the property is in your name then need not to worry about.

If you get the divorcee from US court then i think nothing remains to be done in Inida, but as a matter of precaution, you better make sure that the statement of your wife comes on the court order or decree there that nothing remains between us and no one will pursue or file any case against each other niether in India nor in USA.

Warm Regards

Kapil Chandna Advocate

9899011450