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Kumar   16 October 2016

Could please analyse and guide me please

Hello Sir(s),

I'm residing in USA for past few years. Marrried in india2012. she joined me in usa after few day of marriage. with in couple of day i found that she has boyfriend in india and she talk and emails him when i'm not around. and she just used me to enter in USA. i filed divoce in india 2013. I appeared to court, when ever court asked. she did not even come(Appear) to india (indian court) for one time, even on conditional appearence. yet no exparte. i'm still fighting divorce and maintance case in india. 

i filed case in  USA, becasue of not many qualified events in matrimony, usa court will grant divorce on grounds of seperation for two years. is this valid divorce ground in india.(She appeared before H'orble USA court). ? what can i do if court wont accept usa decree?

Thanks,Kumar



Learning

 15 Replies


(Guest)
Agree with above. Throw her out first.
1 Like

Kumar   16 October 2016

Originally posted by : autohide4u
What visa is she on? Can you revoke your support for her US visa? Kick her out of USA first, other things will fall in place easily. 

she entered USA on my dependent visa converted to student visa soon after seperation.

 


(Guest)

If she is on student visa, you can't do anything to her visa. She is independent on that regard. 

As far as divorce is concerned, only mutual consent divorce in USA is valid in India. If it is contested or exparte, it is not, because Hindu Marriage Act rules are different.

If you decide to reside in USA permanently, and if you can (if you can obtain GC or US citizenship), then you don't need to care what happens in India. No need to even pay maintenance. Just continue living here, file for divorce, get it and lead your own life. 

If you would like to settle in India or if you are unsure, you should obtain divorce in India. That is harder, especially since you are in USA now, but unfortunately necessary if you want to move on with your life, and marry again in India.

1 Like

Kumar   16 October 2016

Thanks Venkat, Yea, I dont want to spend time or energy on what she did or doing. all i care about is the divorce/Start fresh life.  

Ms.Usha Kapoor (CEO)     16 October 2016

In India also 2 years continuous  seperation from the date of marriage till  the date of presentation of petition needs to be proved  for desertion as  a ground for  filing divorce.If she  has student VISA you can't do anything now. If you are a green card holder  you simply forget about her and file divorce in India and no need to pay any maintenance to her. Even if you file a divorce petition in India court will grant divorce on account of her extra marital affair. if you  are able to prove her extra marital affair the court would order you not  to pay any maintenance either interim or permannent alimony to her.You get rid of  her and be happy and enjoy your Freedom.If you appreciate this answer please lick the thank you button on this forum.

1 Like

Kumar   16 October 2016

Thank you all for your valuable inputs.

 

Sachin (N.A)     16 October 2016

Originally posted by : Kumar
Hello Sir(s),

I'm residing in USA for past few years. Marrried in india2012. she joined me in usa after few day of marriage. with in couple of day i found that she has boyfriend in india and she talk and emails him when i'm not around. and she just used me to enter in USA. i filed divoce in india 2013. I appeared to court, when ever court asked. she did not even come(Appear) to india (indian court) for one time, even on conditional appearence. yet no exparte. i'm still fighting divorce and maintance case in india. 

i filed case in  USA, becasue of not many qualified events in matrimony, usa court will grant divorce on grounds of seperation for two years. is this valid divorce ground in india.(She appeared before H'orble USA court). ? what can i do if court wont accept usa decree?

Thanks,Kumar

 

You took right step by filing case in india.

because if you filed divorce in U.S that decree can be challange in india because as per indian law " foriegn decree is valid unless challanged in india"

No, seperation for two years is not valid divorce ground in india.

Try to send her back from US, hire an efficiant lawyer for this in US

Sachin (N.A)     16 October 2016

Once you succed to send her back, its like half battle won

Gaurav   16 October 2016

kya koi bank Maneger borrower dwara jama ki gayi rakam ko jamaparchi dene ke bad bhi us khate me na dalkar borrower ke dusre khate me dal sakta hai...agar nahi to borrower ko kya krna chahiye plz reply

Kumar Doab (FIN)     16 October 2016

@ Gaurav,

Post query in new thread.

TYhe borrower must have written a/c number on deposit slip.

The funds are t be deposited in that a/c.

Bank must have obtained consent for Right to set off and lien on A/c opening form. 

ANAMIKA VICHARE (LAWYER)     16 October 2016

No, Divorce Decree in USA is invalid as you yourself filed Petition in Family Court in INdia. and I do not understand why ex-parte proceeding order has not been passed your lawyer has to take the step rather press forthat order if she is not coming...

Even then you also take decree of divorce in USA, if your wifealso wats divorceand shedoes not cahllenge it in INdia then it ias fine ...

further discssiion

 

by sending message to my facebook A/c

 

Anamika Vichare

[with New York City picture on profile

 

 

Kumar Doab (FIN)     16 October 2016

It indeed so good to see that members/experts come forward to help and counsel querists.

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     16 October 2016

The Indian court shall very much accept and acknowledge the foreign court decree provided it is not inconsistent with the grounds mentioned in section 13 and 14 of the CPC

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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