divorce from abroad while a law suit is pending in india

Querist : Anonymous (Querist) 10 December 2009 This query is : Resolved
A law suit regards to an alleged sale of property is pending in Indian court. This property was purchased by husband under Benami in his wife's name( she's a house wife without any source of income).kids sent to america for higher education and mother followed the kids. wife making trips to india without the knowledge of husband and sold the property without the knowledge of husband.purchaser paid the market value and executed an agreement of sale/irrevocable gpa ( with possession ) and registered the document and also got it reflected in the Encumbrance certificate as owner.Also put up a board at the site as owner.
Husband filed a law suit and final judgement is pending.
counsel for wife claims that she has obtained divorce from america in absentia since husband failed to appear in the court in usa.
However no intimation was received by husband and it was a rude shock.
is the divorce valid in the indian courts and what repercussion will it have on the law suit. purchaser has made only an agreement of sale/irrevocable gpa and got it registered in the subregistrar office.

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Guest (Expert) 10 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE .09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT
1.THE SAID PROPERTY WAS PURCHASED IN THE NAME OF WIFE.
2.PURCHASER PAID FULL MARKET VALUE .
3.DIVORCE IN U.S.A.
4.KINDLY NOTE THAT THE HUSBAND HAS TO TAKE UP THE MATTER IN INDIAN COURTS BY FILING CIVIL SUIT FOR INJUNCTION AND PRAY FOR INTERIUM AND PERMANENT INJUNCTION.AND ALSO GET THE SALE DEED DECLARED VOID.
5.IT IS NOT THAT EASY TO PROVE THE FACTS .
6.IN CASE THE MATTER IS FILED WITH EXPERT GUIDENCE THE HUSBAND CAN SUCCEED.
7HE RELIGION OF HUSBAND ,PLACE OF MARRIAGE AND CITIZENSHIP OF BOTH WILL BE IMPORTANT TO CHALLENGE THE DIVORCE ON THE POINT OF JURISDICTION AND OTHER GROUNDS.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND THE DETAILS .
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

niranjan (Expert) 10 December 2009
This querry is alrady replied by exprts earlier that divorce and sale of property are different.

Raj Kumar Makkad (Expert) 10 December 2009
divorce in foreign court is not legal in your case. Suit is already going on so persue it and wait its result.

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