Served with divorce papers under no fault in pennsylvania


Served with divorce papers under no fault in pennsylvania  which means after 2 years separation they will give divorce. But i want to file divorce in india on my husband in may 2015 because we are married in india . He was torturing me since 4 years, i beared all these days because i respect indian marriage. He wants  to show me as characterless just because of phone talk. Does it mean he get divorce easily?what cases i can keep on him. how can i get him back to india?

 
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Advocate

1.  If the married solemnized in Indian as per Indian matrimonial laws, the divorce decree obtained through foreign court can be invalid on the following grounds:

1.  The grounds for the marriage are not available in Indian matrimonial laws.  For example "No fault divorce" is not a valid ground.  So, such decree obtained in foreign land is not recognized by Indian Courts and the estranged spouse can challenge such decree in Indian courts.

2.  If the respondent, here the wife, is not in a position to contest the case on any one of the situations,  like financial incapacity to stay there in foreign land, engage a counsel being very costly in developed nations etc.

Indian matrimonial laws and also women protection laws are available to you.  In addition to this, as he is mud slinging business about character, you can file criminal defamation case.  Consult a local advocate and file suitable cases.  If he wants to stick up there and does not want to venture to come here, at present, Indian laws cannot be enforced to bring him back, as they lack teeth.  Any attempt to get orders for non-renewal of his passport once it expires further exacerbates the already gloomy situation.  In a nutshell, if he gets divorce decree without your consent in foreign land, then also he cannot remarry on Indian soil and if he does so, it becomes bigamy which attracts very severe punishment.  

 
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Thank you chandrasekhar ji

 
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legal advisor

only if you go for a mcd in a foreign land it will be held valid in india and if divorce given exparte or on some other ground not mentioned in hma then also divorce is not valid

if the marriage is registered or done in india then the divorce proceedings got to be as per hma only

 
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yup my marriage happened in india in 2010…he was threatening me for divorce since 4 years. I always left to india whenever he used to blackmail me..Now i am on F1 student status, he has taken advantage of this and filed no fault divorce and i dint sign any papers till now. I went through lot of hell these many years, i was do or die but not to break marriage as its not our culture. But he himself took that step n sent those papers to me..his strong desire shows he wants to leave me any way. Now i want to file case on all his family and him in india. Can i keep dowry harassments and domestic violence case on whole family???because they r also main part in whole issue..they all insulted me and spoiled my life

 
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Manager

Since he has decided to part ways and filed for divorce there is no point of reconciliation.

As per your post you have gone through 4 years of bad and abused marriage. You tried hard to save the marriage and now there is no point.

If you file cases such as 498a, domestic violence and so on so forth. You have to spend time, money and energy to attend the court cases. How many years does it take?

He may not come to India at all or he may come and go and nobody knows. And if he gets divorce here in USA, he may marry on US Soil.

And incase if you win, then there will be punishment and he and his family has to go to jail.

When do you think it will happen? 2020 or so….. (Nobody knows)

Remember Court needs evidences for the case to be proved….

What do you gain by this? Just your EGO satisfaction, that I win and you may gain money...

Now there will be loneliness and frustration, depression might build up. Instead of focusing on your health, career, studies and wealth, you are always thinking how to win the case.

Think about your Parents and how much sorrowful will they be by going to courts, attending the court cases and so on as you are in USA…..

As Helping Hand mentioned in another post. Courts are for criminals and murderers.

Talk to elders and whom they will respect. They might consider this as a weakness of you, but that is fine go for mutual and then plan for future.

So I suggest go for Mutual divorce, if he gives alimony and maintenance take it.

Think, Rethink and introspect yourself, be clear what you want to do and then do it. Have clarity in mind, go through LCI and see how many people are suffering, how much time they are spending in courts, travelling, discussing, efforts, energy…..

If you think what I am mentioning is also false, just search through internet, there are many people who posted their situation after divorce. I wish you good luck…

 

 

 

 
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LOL why you want to scare me???

 

I know a case where a girl cleared everything in 3 months…yup am going for mutual divorce but before that am going to file all dowry harassment, dv 498 etc coz i faced everything..i never had a thought of divorcing…..u are asking abt ego its about my life, u know in india if a girl is divorced ….society looks at girl without respect….i questioned him many times that y he married me…he tortured me in all ways so that i will leave him…....but any how he is trying to get exparte divorce here in usa…and don't try to scare me on courts etc…am no where scared of them ..i have strong support …

 
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Manager

I am not scaring you…Good Luck!!!

 
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Paralegal

Dear Rameshradhi,

 
 
I will suggest you find a lawyer thru some local India Association in your city and talk to him/her. If there is a possiblity of getting alimony even in case of no-fault divorce there then I will suggest you go for it. 
 
 
 
BTW if you cannot get alimony in no-fault divorce case then next time he abuses you, call the police and file a complaint so his no-fault divorce case will mean nothing. 
 
 
 
Also in US you will find lots of organisations who will provide you free advice or even a lawyer who will charge you nothing or you find lawyers who work on % fee basis on what he can get you, you just need to look for it. 
 
 
Once your alimony starts in US then come to India and go for the other legal proceedings here if needed. As others have advised..... you need to keep in mind that your husband might not come to India at all to fight the case even if you file here so it will be no use b'se there are many such cases in India itself where inspite of being physically in India the husband's and their lawyers find various way to dodge the case proceedings or even after maintenance is ordered they don't pay and many times even court cannot do anything. Our Indian system is not so advanced yet where no one can put lien on husband's salary or income if he doesn't pay maintenance. 
 
 
As far as US is concerned neither he can dodge the case nor run away from paying maintenance b'se if he fails to pay maintenance then the government can put a lien on his salary/all income and pay u directly out of it. 
 
 
Think it as a strategy and then only decided what is in your best interest. 
 
 
Jaya
 
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