Filing divorce in usa
Querist :
Anonymous
(Querist) 20 September 2011
This query is : Resolved
Can a wife residing in US, having a H 1 visa file a divorce in US court against her husband who is residing in India.
Both are Indian citizens and the marriage was solemnized in India.
Sailesh Kumar Shah
(Expert) 20 September 2011
please inform that by which method marriage was solemnized ?
Shonee Kapoor
(Expert) 20 September 2011
Can she file divorce in US of A : YES
Is that Decree enforceable in India: Depends on factors, whether you agree to the jurisdiction of US Courts
Don't file any reply/ contest, if you want to litigate the matter in India.
The foreign divorce decree is valid only when both the spouses have given consent to be governed by foreign court.
Filing a reply is giving consent to that court to decide matters related to you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 20 September 2011
As the marriage had taken place in India according to its law and both the parties are still Indian and even one of them is residing in India so no case of divorce in USA is having no value in the present matter.
Guest
(Expert) 20 September 2011
Since both husband and wife are Indian citizens, marriage was also solemnised in India, and the husband is still residing in India, I am of the view that the judgment of any US court may not be binding on India unless endorsed by the competent Indian court, that too if received duly endorsed by the Indian Ambassador to USA.
M.Sheik Mohammed Ali
(Expert) 20 September 2011
yes, you must file indian court were marriage done or your native place.
Querist :
Anonymous
(Querist) 20 September 2011
In the notice served by the Judicial District Court, Texas, 309th District court, Houston, Texas. It states that if the respondent does not reply within 20 days of reciving the notice by person or thru attorney a default judgment would be taken.
Whats the course of action I should take.
Guest
(Expert) 20 September 2011
The notice requires your reply within 20 days, not your presence on compulsory basis. Better hire some lawyer on local basis and reply to the notice challenging the jurisdiction of the court and requesting for dismissal of the case on the plea, as I discussed in my previous post.
prabhakar singh
(Expert) 20 September 2011
you can avoid appearance,if she files.
Querist :
Anonymous
(Querist) 21 September 2011
As India has not signed the Hague Convention, does the judgment of court in US has binding here in India.
Koumarish Bhattacharya
(Expert) 21 September 2011
No. The Marriage Act does not come under the provision of any convention. This is a family law and must be treated as such.
Koumarish Bhattacharya
(Expert) 21 September 2011
The Court of the USA has got no jurisdiction in the matter of divorce if the marriage was solemnized under Indian Marriage Acts and if none of the parties is a USA citizen.
