mohan (Software engineer) 31 May 2012

Separation period for divorce

Hi All,

I got married on April 2009 and I came to USA on May 2009 and my ex-wife came to USA on Jun 2009 and she left to India on June 2010.She filed 498a on May 2011 and went into media.I got divorce(Ex-Party) in USA on Nov 2011.

May 2012 she filed DV act on me and my parents.My parents got AB for 498a and filed quash on HC and waiting for judgement.Summons were served to my parents for DV act.Before receiving the summons from my ex-wife my parents also filed DV case on her.

After my marriage I just stayed in India just 2 weeks only.Till now I am staying in USA only.

So literally we are living separately from last 2 years.So now my questions are....

1)Can I file the divorce because we are living separately from last 2 years,they went into media and ruined my family prestige in society(Assuming most of you people know how the psycho media bahve in India,especially on NRI cases),they filed DV case and I got divorce in USA(Summons were served to her properly and USA court gave almost 5 months time to her to contest if she want to.I have a solid prrof on it as she made some communication to court through e-mail.I have all of those emails with me...

2)So can I file a divorce in India court based on these situations as our relataions were irretrivably broken already...

3)Can any judge think about the possibility of living together after all these things were happend?As a common man,I am in a opinion that there are no chances to live together after all these things were happend...

4)Do I need to still file divorce in India even I have USA divorce.If so can my lawyer file on behalf of me.I dont want to come to India until this quash petition result came...So is there any possibility to file and contest on Divorce petition without my presence there in India?

5)I am not worrying at all about maintenace as I dont have any assets.Some of my lawyer friends told me court may order to me to give max Rs5000/- per month for her maintanence.We dont have any kids.

6)What are the consequences I have to face,If I want to marry some one in India(As I admire Hindu religion a lot I dont want to get my marriage in USA.I want to marry some one by following Hindu traditions in Hindu counrty,I am ready to gave my second marriage chances if it is not going to possible..)

Can any one kindly share their thoughts in these regards?

Thanks in Advance,

Mohan.

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8 Replies

Anjuru Chandra Sekhar (Advocate ) 31 May 2012

YOu need not file a separate divorce as Divorce issued by foreign court is valid. Supreme court of India held. Refer : https://www.indiankanoon.org/doc/174511/

mohan (Software engineer) 31 May 2012

Thank you verymuch Chandra Sekhar for your response.So as soon as I get rid of this 498a I can married freely in India without obtaining any divorce or some thing else in India.Please correct me if my understanding is not correct...

Anjuru Chandra Sekhar (Advocate ) 31 May 2012

Yes. You can. That is what the appellant in the referred case did.

mohan (Software engineer) 31 May 2012

Thank you.

Jai Thakur (m) 31 May 2012

file a case against her that she is torturing you for money. all her stunts of 498A and DV and media was to extort money from u.

get in touch with media and MANAGE to get them cover the matter from the angle of extortion of money. return her the insult she has given u!

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mohan (Software engineer) 31 May 2012

Thats a good suggestion but my problem is,I am staying in USA and my parents are old.It may not be possible for me to take revange on them and psycho media always try to telecast the programs which are favor to womens only.Those are the complete wicked people and they dont have any hopes about their lifes.

This girl family is demanding lot of money to give the divorce.I made some research about the foreign divorce decree validaity in India.I have seen mixed cases.If I go to India our corrupt police system will create problems to me to get money.

One time some police officer called me and threaten me saying that he can deport me to India from USA.I told him please try if you can because I know its impossible for me.USA court sent divorce decree to Indian embassy as I have requested them.

Now my only concern is,Is there any way to get some decree or order from any legal system saying that my foreign divorce are valid in India?