seeker (business woman) 10 June 2013

Divorce and housin rights

My ex wife left to India after getting divorced in USA. It was contested and she applied for the divorce so valid in India.

she misguided the court in USA that she does not have properties and she quit her job so got temporary spousal support. Now she is misleading India court hiding her properties. I had a house we lived in before moving to USA now I sold it to clear debts. Can she ask the court to provide housing rights in my house after she finished divorce in USA. Can she claim maintenance again in India.

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Adv k . mahesh (advocate) 10 June 2013

you can file a counter petition through a indian lawyer stating the fact that you both have taken divorce and the us court had already granted divorce and it is valid in india also

for your reference go through this article by one of our members

https://advocatebharatchugh.wordpress.com/2012/11/17/validity-of-foreign-divorce-decree-in-india-does-your-ukus-divorce-stand/

seeker (business woman) 11 June 2013

divorce grounds was ‘irreconcilliable differences/irretrievable breakdown of marriage’ , i heard this is accepted in India now. should we apply in indian court again to validate the foreingn divorce.

the divorce was contested and both accepted the jurisdiction. please confirm.