Divorce -important

malihajain (Querist) 01 May 2012 This query is : Resolved
I am an NRI .I have applied for divorce in India from my wife but I may not win or the case may drag on as she is contesting it.

So I have decided that after I become an US citizen I will file for a divorce in US as it can be obtained easily.

Is such a divorce valid in India?
Does the US divorce need to get validated in India? What are the consequences?

Actually I retained my wife's green card as I thought she will come to the US and make trouble for me.But she contested in court and I had to return her green card. She has the court's order as evidence for it.Will it be a problem in any way for me?

Can she file a criminal complaint saying that I have illegally retained the green card? If so will it affect my US citizenship prospects. Can she file a complaint against me in US Consulate in India. Kindly reply and advice.

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SAINATH DEVALLA (Expert) 01 May 2012
Dear querist,
This is the third thread of yours,on the same subject.Continue on the same thread for soutions.

ajay sethi (Expert) 01 May 2012
post queries in same thrad

Devajyoti Barman (Expert) 01 May 2012
If repeated on same point then no reply.

Adv.R.P.Chugh (Expert) 01 May 2012
Dear Querist,

1. Foreign Decree normally, under the principle of comity of courts, is binding & conclusive on the point directly adjudicated by it, whenever the same issue comes before Indian Courts.

2. However the decree should not be :-
a) Against principles of Natural Justice;
b) Not on merits;
c) obtained by Fraud;
d) By a Court not having jurisdiction;
e) Affront to Indian Law or constitutes breach of Indian Law etc.

If the above factors are not attracted - the decree can be given effect to in India.

Be on the watch for counter-498A/406 Proceedings to safeguard yourself.

Feel free to talk !

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 May 2012
If your marriage was in India and spouse living in India , US decree will not be valid.

Costs are heavy in US and laws and action under them are more swift in US.

Even specific advice on such matters will cost up words HUNDRED DOLLARS, which is free here.

SO BE READY TO FACE REALITIES.