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Sudhakar Verma (Clients)     26 July 2013

Divorce in usa by indian citizens

I am staying in USA. since last 6 years, I have been married and my wife is staying with me in here in US. We both are Indian citizens. We want to file for "divorce". I have the following questions. plz help me.

1. What type of divorce we should apply here in US, so will it be valid in India? Do we need to give  any grounds as per Hindu marriage act -- such as cruelty in our divorce here? Or we can just take a mutual divorce here?
2. Does Hindu Marriage Act requires some "ground for divoce such as cruelty..." to be mentioned in mutual divorce in India? Do we need to mention that ground also in our  divorce here, if it is mutual?

Do we need to apply for divorce in India again before re-marrying (either my wife or husband)? 
3. I am reading some news items that a wife can ask for share in husband's ancestral property -- is it a law? can my wife after a mutual divorce here in US ask for such share in India, even though she did not ask anything from ancestral property here?



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 2 Replies

freeman jain (Exece)     29 July 2013

If it is with a mutual consent, you don't have to worry about anything. The divorce is still valid in India. She cannot go back to India and start another divorce proceeding. There is precedence to this:

 

https://www.dnaindia.com/mumbai/1758020/report-divorce-given-by-foreign-court-is-conclusive-under-indian-law

 

Adv k . mahesh (advocate)     29 July 2013

the procedure for the mutual divorce is same as in india and it is valid even in india and the bill yet to be passed in india about ancestral property 


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