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Vijay (NA)     24 November 2009

Ex-Parte divorce

My wife and I were married in India in Nov 2006 as per Hindu traditions. We are both Indian citizens and work in USA. We filed for divorce in USA and obtained divorce on April 2009.

My wife later filed for divorce in India (Chennai) on May 2009 based on the grounds of cruelty of the Hindu Marriage Act. She requested no alimony/monetary compensation.

Since June 2009, I have so far received around 5 summons to appear in Court, but I chose to ignore it with the hopes of granting an ex-parte divorce. But each time the court sets a next hearing date one month further away. I'm concerned that this might drag on forever.

When can I expect to obtain a ex-parte divorce?

Thank you very much for the advice



Learning

 12 Replies

Hardik Mehta (Family Counsellor)     24 November 2009

Vijay,

Instead of getting the ex-parte divorce, you can file the reply u/s 11 of CPC stating that the case was already filed and the divorce is granted. Further u/s 44A of CPC you can get the US divorce validated and close the case. Your foreign divorce decree will be validated in India. This will take 1-2 hearings.

Anish goyal (Advocate)     24 November 2009

Sir section 11 will not apply here instead section 12 can be used

Anjali (IT)     24 November 2009

Vijay,

 It is not possible to dissolve the same marriage twice in two countries.  Since you got the decree in USA [presume that it was mutual consent in USA] ,it can be validated in India without any problem. I really don't know why your wife filed another divorce case in India.

Adv. T.K Sujith (lawyer)     24 November 2009

Due to heavy workload the matters usually prolonged in our family courts. t It will grant soon. your wife's may have an intention for a remarriage. she got wrong advice so she fileddivorce petition instead of validating earlier divorce. If u decide to validate the same in India that also take its own time. so u may wait patiently.

sunil pagare (lawyer)     24 November 2009

I advice u to appear b4 court & ask 4 mutual consent divorce. If  your wife succeed in getting ex parte divorce on the ground of cruelty it will creat problem to you in future.

Hardik Mehta (Family Counsellor)     24 November 2009

Sunil,

Already the divorce by mutual consent has been granted in US, and this is valid in India. So applying for the divorce again in India is not necessary not fruitful.

Vijay (NA)     24 November 2009

Thank you all for the advice.

As I understand from your replies, I can get the US divorce granted on mutual consent validated in India. This is based on CPC Sec 11/12/13 & 44A. Can I proceed with filing such a motion in parallel without having to address the divorce filed in India? How long does it take to normally validate the US divorce?

I would like my parents to consult with a lawyer for further perusal on such action. Can someone please refer me to a competent attorney in Chennai?

Thank you everyone

-Vijay

Hardik Mehta (Family Counsellor)     24 November 2009

Vijay,

You can file the counter in the current divorce application itself and the same will be validated in 1-2 hearings, if the girl co-operates.

Vijay (NA)     24 November 2009

hardik,

what do you mean by "if the girl cooperates"?

Vijay (NA)     24 November 2009

mr.sunil,

you mentioned that granting a ex-parte divorce on the grounds of cruelty might cause problems in the future. can you please tell me how it could be problematic?

Devajyoti Barman (Advocate)     24 November 2009

The judegement passed  by a competent foreign court is conclusive and the the present court in India is not expected to be in seisin of the matter. It is asvisable that you file a certified copy of the foreign judgement in the Indian court immediately. In that circumstances the court in India would not proceed with the divorce case unless the foreign judgement is challenged under various grounds as mentioned in Sec 13 of CPC..

Hardik Mehta (Family Counsellor)     25 November 2009

 

Vijay,

When the validity of the decree comes, at that time the girl is also asked about her consent, and thats where if she gives the consent, this is valid. Otherwise, the case will be fought on merits.


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