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ramakrishna (programmer)     28 February 2013

Do i have to file for divorce in india

I got married in 2003 in  India under HMA and we got a child  in 2004. We have been living seperately since 2006 and then I moved to USA in 2006.

I filed for divorce in USA in 2009, she was served with the notice for which she didn't  respond. Court in US granted divorce. In divorce decree I was ordered to pay $100 each month to my wife to take care of my child. I sent $100 each month to my ex-wife which she refusd to acceept. On advice of my attorney, I have been depositing the money in a bank account. I became a US citizen now.

Divorce decree I got from US court is not challenged in India court so far. Is it possible to challenge the divorce decree now?

I am engaged to other girl in India recently(2013). I am planning get her to US on fiancee visa and get married in USA. 

If I get married in USA, will that marriage be recoginzed in India. I would like to know, if my ex-wife can file for bigamy if I get marry in USA. 


 11 Replies

ramakrishna (programmer)     01 March 2013

Any one please help me.


Your's is unique case.

Please wait till I gather some information for you, until then other members will also reply.

R.K Nanda (Advocate)     01 March 2013 divorce decree cannot be challenged.

2.ur ex-wife cannot file bigamy case.

1 Like

ramakrishna (programmer)     01 March 2013

RK, thanks for your response. I would like to know, if my ex-wife can file for 498a?

R.K Nanda (Advocate)     01 March 2013

no,she cannot file it.

ramakrishna (programmer)     01 March 2013

RK, I heard that foreign divorce decree is not valid in India, if the divorce is ex-party. If that is true, my ex-wife can file for 498a and bigamy? Isn't it?

R.K Nanda (Advocate)     01 March 2013

now ur wife cannot file any cases as all are time barred.

1 Like

Msk-need -nuetral- laws (self)     02 March 2013

Eevn if she files, it will have no ground and be easily prayed to dismiss. However wait for 7 years of separation  period and even ioata of chance is nullified. After 7 years of separation, go ahead with your marriage

1 Like

ramakrishna (programmer)     03 March 2013

Msk: What is this 7 years seperation?

ramakrishna (programmer)     03 March 2013

Sam: Thanks for your response. I can sponsor would-be wife and get marry in USA but what if, if my ex-wife files for bigamy based on my marriage in USA whenever I visit India.

Originally posted by : ramakrishna

Msk: What is this 7 years seperation?


No cohabitation for a period of 7 years.  In simple words one has taken to celibacy, no contact of any kind whatsoever at all!

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