Question (Individual) 11 May 2010
Continued from Can a spouse get remarried if divorce by India is not grant?
1) How can she marry without divorcing me in India as she is in the Middle east? Can she use the divorce certificate I sent her from US?
2) She has filed harassment case, abuse and a bunch of other lies in the Indian courts. What to do for all these pending issues?
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 11 May 2010
1. It is very strange to know that you sent divorce certificate from US but are not tolerating her re-marriage because she has not obtained divorce from Indian court. She in now in middle east so she is free as per law prevalent in that country but once you both come in India then Indian law shall be applicable in your case.
2. As you both are abroad so no concluding effect shall be there.
Question (Individual) 11 May 2010
I am only happy she gets married and move on. But the existing cases and false accusation be removed. She has filed all sorts on monitory claims and mental harassment which my parents have been subject to immense pain from lot of enforcement agencies. Strangest thing is it is all accusation while evidence is contrary to all accustaions. In India justice is for elite and people with money make rules as they go.
Anyways In the middle east - indian law prevails as Non resident Indians. In US - US law prevails as I am a citizen.
G. ARAVINTHAN (Legal Consultant / Solicitor) 11 May 2010
1. The divorce certificate, you have sent can be used by her for her remarriage
2. Contest all the cases and produce the Certificate. If she deny that is obtained in US, then it will be easy for you
Question (Individual) 11 May 2010
Once she gets married is there a way of getting a copy of her new marriage certificate? Also using the existing marriage certificate by her would validate the divorce ny Indian courts?
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