keerthi 17 June 2015

Desperately need your help on validity of nri divorce in ind

I got married last year to a Software Engineer working in USA. After 1 week of marriage,leaving me in India, he went back to USA. From then never responded about my dependant visa processing and started theatening me for divorce. I was blindly cheated by him. Unexpected situation took place.Hiding his impotency, he married me. I am mentally being harrassed by him and his family from 10 months, My mother was hospitalised as my matrimonial life was totally cheated and spoiled. I have filed Domestic Violence Case on my husband and his family at my home town India.Now in order to escape from the case and to soon get rid of me, he has filed for divorce in USA putting all false allegations on me. If it is India, I can proove all his allegations are completely false with all the evidences I have in hand. I can’t travel to USA and defend the case against him.Taking this as an advantage, he is proceeding further with the case as getting divorce is much easier and faster in USA than in India.

I am in deep depression and pain. I was completely cheated by him and his family. I really want to stop his divorce proceedings in USA. But don’t know how I can. He has filed the divorce on the grounds of IRRECONCIABLE DIFFERENCES AND EXTREME CRUELTY .And in the summons I was served, it says that if I don’t respond in 30 days, judgement will be passed against me and all my properties will be seized. I really really don’t understand how can it be possible ??

1)when he is the one who has cheated me and flew back to USA and escaping from Indian law and from the case filed on him here in India.

2) I can’t defend in USA while I am an Indian and got married here at my home town. I never travelled to USA before and after marriage.

Can you please suggest me on the following:

1)How do I stop his proceedings and deport him to India?

2)As mentioned in the Summons, if I don’t respond to the court, will divorce be granted to my husband and if so will that divorce be valid in India and how can I challenge it according to Indian law?

Just pleading you to understand my pain and suffering I am going through on account of the moves my husband has taken.Kindly request you to suggest me the best way.I never wanted to get divorced and I want to go according to the Indian law and get him judged here for the cheating and the way he and his family playing with my life.

Thank you

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9 Replies

shahidkhan 17 June 2015

Still u want to live with him...

Jai Karan Nagwan (consultant) 17 June 2015

Share below question: 1. Your marriage took place in India or USA? 2. What is your religion? 3. Marriage ceremony solemnised as per Hindu/ Muslim/ christian or under special marriage act.

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keerthi 18 June 2015

Marriage was solemnized in India as per christian rites. I never travelled to usa before or after marriage. Kindly suggest me how to stop his proceedings.

Thank you

Jai Karan Nagwan (consultant) 21 June 2015

Excuse me for being bit slow in responding to you. Divorce will not be valid in India, if at all your husband obtained exparte decree, but you should not be responding to any notice, if at all you reply say very clearly the you are neither under the UK/ USA law jurisdiction nor submitting to their court jurisdiction. Also equally important point that what is the ground of divorce applied by your husband. Share to suggest most appropriate solution. Yet, in any case you need to consult good family law lawyer.

1 Like

keerthi 21 June 2015

Hello Jai Karan Nagwan

Thank you for the reply.Below are the grounds of divorce applied by him in USA

1)IRRECONCILIABLE DIFFERENCES

2)EXTREME CRUELTY

Below are his demands for which judgement will be passed in favour of him if I don't respond in 30 days.

1)To dissolve the marriage between the parties

2)Equitably distributing all the assests which were legally and benieicially aquired by the parties during the marriage with due regard to any dissipation

3)Counsel fees and cost

4)For such other releif, including temporary releif as may be euitable and just.

I don't have any assets aquired by me before/after marriage.And really don't understand why I need to pay his counsel fees?

As told, I have filed DVC Case on him and his family. In order to escape from this case, he has filed for Divorce in USA. And for the DVC case in India, through his advocate he's applied for SPECIAL GENERAL POWER OF ATTORNEY (yet to be finalised by the judge).

Can you please let me know if there is any possibility to deport him back to India for the case I have filed here.

Thank you

Jai Karan Nagwan (consultant) 23 June 2015

This case gravity is not so high to substantiate deport/ extradition. However, you can ask your advice to serve summon through section 105 (1) of cr.pc and be sure poa can not sustain on his behalf in criminal cases. Secondly, exparte decree will not be valid as you have not submitted to US court jurisdiction. Thirdly, if decree issued on irreconcilable difference will again be invalid as this not a ground for dissolution \ divorce as per Indian divorce act.nu

1 Like

Jai Karan Nagwan (consultant) 23 June 2015

(Guest)

As far as I have heard, although the ex-parte divorce decree won't be valid in India, it will remain valid on US soil. Thus ur husband will be legible to remarry in US.

I am not a lawyer, so not 100% sure what I said, but thats what I know..... I have an example of an EXACTLY similar case in my neighbourhood. Hindu wife (mother of a son) wears sindoor in India and her husband has obtained ex-parte divorce in US, took US citizenship, remarried and has happily started new family there. ......Very disappointing, but true. That’s the reason many Indian parents don’t oblige to NRI grooms.

Prachi (Doctor) 08 July 2015

Dont worry your husband's divorce in USA will not be valid in India and even if he remarries in USA it would be considered invalid and you can file case of bigamy against him. Whatever advice Mr Jai karan Nagwan has given its absolutely tru. Why do you want to live with such a man...you dont deserve this. Legal procedures in india are quite time taking process so instead of going for rcr or any other case which for sure your husband will oppose ,after much delay, instead go directly for divorce here and file for alimony under sec 25 of HMA and 24( interim maintainence) and 125 crpc. File for DV as he actually mentally harassed you and cheated you. whatever you do ...keep your calm. Instead of taking any revenge or something think about your life which you cannot afford to waste in screwed up indian legal procedures. Trust me you will not get anything by filing any criminal case against him but you will loose a lot. DO NOT respond to any summons from USA which would amount to submitting yourself to USA jurisdiction. You need not worry about any summons or procedures in USA as long as you dont reply to their summons.