ruchikaz (hr) 14 October 2014

Urgent query

I am in a big problem BECAUSE i do not want myself to become ex-parte and i do not know what should i do to get the abroad divorce case DISSMISSED filed by my husband because i am in india and have no valid visa as if he gets ex-parte he will never come to india and will re-marry there and enjoy his life with no regrets. This is going to happen soon as the date of abroad case is coming near and i have nothing in my hands.

I AM HELPLESS PLEASE GUIDE ME ON THIS

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7 Replies

Anish Thakur 7018812737 (advocate) 14 October 2014

However you have not stated your full facts but i hope below explanation will clear your query to great extent,If you have left any query in your mind you are free to contact and mail your full query with full facts to my mail id anish1948@gmail.com or feel free to call.

Divorce Proceedings Not Attended

It is not uncommon to hear about cases either the husband or the wife filed for

divorce in a foreign court, while the spouse did not attend the proceedings either due

to notice not being served or due to some other reason. In such a situation, the case

of Y Narasimha Rao3

is relevant.

Y. Narsimha Rao and Y. Venkata Lakshmi were married in Tirupati, India as per

Hindu customs in 1975. They separated in July 1978. Mr. Rao filed a petition for

dissolution of marriage in the Circuit Court of St. Louis County Missouri, USA. Mrs.

Lakshmi sent her reply from India under protest. The Circuit Court passed a decree

for dissolution of marriage on February 19, 1980 in the absence of Mrs. Lakshmi. Mr.

Rao had earlier filed a petition for dissolution of marriage in the sub-Court of Tirupati.

Later, he filed an application for dismissing the petition in view of the decree passed

by the Missouri Court.

On 2 November 1981, Mr. Rao married another woman. Hence, Mrs. Lakshmi filed a

criminal complaint against Mr. Rao for the offence of bigamy. The Supreme Court

refused to accept the divorce decree granted by the court at Missouri, USA. While

deciding the case the Supreme Court laid down the law for foreign matrimonial

judgments in this country. The relevant extract from the judgment is as follows:

The jurisdiction assumed by the foreign court as well as the ground on which the

relief is granted must be in accordance with the matrimonial law under which the

parties are married. The exceptions to this rule may be as follows: (i) where the

matrimonial action is filed in the forum where the respondent is domiciled habitually

and permanently resides and the relief is granted on a ground available in the

matrimonial law under which the parties are married; (ii) where the respondentvoluntarily and effectively submits to the jurisdiction of the forum as discussed above

and contests the claim which is based on a ground available under the matrimonial

law under which the parties are married; (iii) where the respondent consents to the

grant of the relief although the jurisdiction of the forum is not in accordance with the

provisions of the matrimonial law of the parties.

The key rule laid by the Supreme Court can be summed up as follows: If a couple is

married under Hindu law, (a) the foreign court that grants divorce must be acceptable

under Hindu law; and (b) the foreign court should grant divorce only on the grounds

which are permissible under Hindu Law. The two conditions make it almost

impossible for a Hindu couple married in India to get a legally valid divorce

from a foreign court since no foreign court is an acceptable one under Hindu

Marriage Act and also because no foreign court is likely to consider the

provisions of Hindu Marriage Act before granting divorce.

The exceptions that Supreme Court has permitted to the above rule laid by it are as

follows in a case where husband has filed for divorce in a foreign land:

A) The wife must be domiciled and permanently resident of that foreign land AND

the foreign court should decide the case based on Hindu Marriage Act.

B) The wife voluntarily and effectively attends the court proceedings and

contests the claim on grounds of divorce as permitted under Hindu Marriage

Act.

C) The wife consents to grant of divorce

Exception A seems almost impossible. Exception B is examined in the next section.

Exception C means that the divorce is obtained by mutual consent and therefore the

courts of India do not want to interfere with it.

In a recent case (March 2012), Sunder and Shyamala tied the knot in Vellore district

in 1999, Sunder went to the USA within a year and did not communicate with

Shyamala after that. In 2000, she received summons from Superior Court of

California, which subsequently granted divorce despite the wife’s defence statement.

Madras High Court held that the Superior Court of California was not a court of

competent jurisdiction to decide the matrimonial dispute in this case

Amit Pruthi (Advocate) 14 October 2014

Urgently Need Lawyer(Senior Preferred) for opposing the Quashing Petition and subsequently filling petition for handing over the case to the CBI, in a case registered against Sunil Bharti Mittal group Company Easyday, The company has filed petition U/S 482 Cr.P.C. in the High Court of Punjab And Haryana for quashing FIR U/S 420 etc registered against Sunil Bharti Mittal and others and they have engaged Senior Advocates Sh. R.S.Cheema, Sh. Ashok Aggarwal etc.

Kindly Contact Amit Pruthi, Advocate Hisar, 9896095670

T. Kalaiselvan, Advocate (Advocate) 18 October 2014

@Querist: The divorce decision by a court in a foreign country for the marriage solemnised in India as pr Indian laws has no bearing or not binding as per local matrimonial laws in India. Hence better be not worried about it. You have lot of strategies to bring him to India for which you may to consult a local prudent lawyer who will advise you further steps in this regard. Whether he divorces you or not, in your absence he may, at abroad, indulge in any type of extra marital relationship with any local female which , sitting in India, you cannot stop it or initiate any action at that place of occurrence.

T. Kalaiselvan, Advocate (Advocate) 18 October 2014

@ Amit Puthi: You can select a lawyer from the data base of this LCI to engage an advocate of your choice seeing their credentials. You should not use others thread to post your query. Further this is not a legal query, you are giving an open invitation to a lawyer using this platform which should be avoided because this place is for answering legal queries and not to solicit business.

ruchikaz (hr) 21 October 2014

@T. Kalaiselvan, Advocate

the summons has been recieved of the foreign court . so what in that case ??

ruchikaz (hr) 21 October 2014

AND what if my husband gets an ex-parte in foreign land due to summons recieved and never comes to india to get his foreign decree valid and re-married in foreign. Then what will i do in that case ?? My life will be spoiled