Marriage in us and it's jurisdiction in india
Amit
(Querist) 02 July 2012
This query is : Resolved
Hi,
I have a query regarding marriage in US and it's jurisdiction in India.
(1) Can an Indian man in US on L-1 or H-1B Visa get married to an Indian woman on tourist Visa?
(2) Can they marry if one or both of them have spouses in India and divorce proceedings are going on India?
(3) If they do marry in US, can the woman (now wife) live on a dependent visa (instead of tourist visa)?
(4) If the couple after few years shift back to India, what are the consequences? Is the marriage recognized in India?
(5) Assuming the divorce has been granted with the previous spouse(s), the new couple can remarry and get their marriage registered right? If they have to get the marriage registered, will this have to be done under HMA only or it can be done under any act?
(6) If the divorce has been granted and the new couple do not get their marriage registered but live together as husband and wife, what are the consequences? Will they be recognized as married and if yes, then under which act?
(7) If the divorce trial (with previous spouse) is still on-going, what's the right course of action? Will they have live as live-in partners till the divorce issue is settled? What are the rights of the woman in this scenario?
(8) In general, how are the marriage laws in US? Are they unbiased? Do they have equivalents of our unjust and crazy DVA, 498A, 125CrPC etc? Any pointers to learn more about the US marriage laws?
Thanks
Devajyoti Barman
(Expert) 02 July 2012
1. Yes
2. No
3.check with US consulate.
4.No
5.HMA o SMA
6. nOT MARRIED BUT THE MALE PARTNER WOULD BE AMENABLE TO THE JURISDICTION OF THE COURT UNDER PWDV Act.
7. Better to stay separate.
8. Consult an US Attorney who generally charge per hour for advice.
Amit
(Querist) 02 July 2012
When marriage in US is not recognized in India (point 4) then how come a marriage in India is recognized in US (point 2)?
If it's not recognized in US then a person married in India can marry another in US right? Or the person can file for divorce in US, get ex-party divorce and then marry another. Is this not right?
