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Anonymous Person (Lawyer)     25 October 2017

Ex parte divorce - Urgent

Ny husband left me in INDIA and went back to USA. Now he is asking for divorce.. I have filed maintenance and dv case against him in India.. can he take ex parte divorce in California.. Will that Divorce be valid in India? Pls advice. what can I do to stop him from taking divorce in California!


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 4 Replies

Vijay Raj Mahajan (Advocate)     26 October 2017

As such you cannot stop him for moving ahead in getting divorce in USA however you may move application for injunction against him for doing so in the Family Court where you can file petition for restitution of conjugal rights. If he gets decree of divorce from U.S. Court that decree you can always challenge and get order that decree as null and void under section 13 CPC and based on well settled Principle of Law in Narsimaharao case.

Jaspal singh (practicing lawyer)     26 October 2017

If your husband is green card holder or having P.R of USA than he has right to apply for divorce in usa beacuse now he is citizen of usa. Secondly divorce decree grantes by usa court not valid in india, you have right to file divorce here in india and maintinanace too in the court of competent jurisdiction. Regards Jaspal S Maini(Adv) 9999987283

Siddharth Srivastava (Advocate)     26 October 2017

As such no remedy is available to stop your husband from taking exparte divorce in USA. Utmost you can file suit for declaration and mandatory injunction against your husband seeking declaration to get such decree null and void. If you receive any notice from USA then convey your rely, plight to the US court. You cn also contest your case through video conferencing.  

Siddharth Srivastava (Advocate)     26 October 2017

As such no remedy is available to stop your husband from taking exparte divorce in USA. Utmost you can file suit for declaration and mandatory injunction against your husband seeking declaration to get such decree null and void. If you receive any notice from USA then convey your rely, plight to the US court. You cn also contest your case through video conferencing.  

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