Sheth (CEO) 17 April 2017

Divorce filed by husband overseas

Marriage took place in India and registered 5 yrs back. Couple then moved to Michigan USA. Husband is USA passport holder and Wife is Indian Passport with green card (Based on marriage).

Have 1 yr old daughter who is USA passport holder.

Husband has filed divorce petition in Michigan which is a "No fault state". Wife wants to reconcile. Is at present in India.

Legally if marriage took place in india and registered here, can it be broken abroad? If Michigan is a no Fault state, can we in any ways challenge the divorce in India?

PART 2: Husband is unemployed and no property in his own name. Living on Parent's wealth and properties. In event of divorce, how can the wife best stake claim to maintenance/Alimony?

Family has property in India too in the parents name. She moved into that house in Mumbai after marriage, and also has passport in that address.

Please advise.

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5 Replies

stanley (Freedom) 17 April 2017

1. Even if husband obtains ex - parte Divorce over there the said Divorce is not valid in india .

2. If child is with Father than it would be difficult to even abstract Maintenance for the child in an indian court as he is taking care of the child .

3. As for property you cannot stake a claim .

whatnot 17 April 2017

The marriage was registered and same had attestation by Indian consulate and same was used to establish residence permit for the spouse. Last proof of address of marital home is abroad and having US passport, court will have juridistion on his claim of no fault divorce.

He will use the same divorce papers to contest any divorce case that may raise in India.

Also he will have enough proof to say deseretion happended from your end.

Morover you willnot get any relief from Indian court as they will keep giving new dates. Finally court will accpet his divorce decree (precedent exists)

It is end of the road. Child passport would come for renewal every 5 years. You have to find a way to keep continuity of his nationality for the child future (if he is staying with you)

Time to move forward.

Kumar Doab (FIN) 17 April 2017

There are many threads on Divorce from Foreign Courts and accepted by Indian Courts.

(Guest)

Hindu marriage registered in India cannot be dissolved by a foreign court order unless it is by mutual consent (i.e. both parties agree). In this case wife obviously did not agree. However, the US courts decree is certainly valid in US and he can remarry in US. Part 2 answer: Best case to get maintenance and alimony for wife would be to contest divorce in US and get major financial reliefs. If she contests in India, she gets very little. Wife will not get any part of his parents properties in US or India.

(Guest)

Hindu marriage registered in India cannot be dissolved by a foreign court order unless it is by mutual consent (i.e. both parties agree). IT WONT BE VALID IN INDIA. In this case wife obviously did not agree. However, the US courts decree is certainly valid in US and he can remarry in US.