Warm regards to all
I am posting for the first time on this site and need some urgent advice.
Case history is as below :
Boy and girl were married in Delhi in Jul 2007 as per hindu customs and rituals. Marriage was registered in Delhi.
The couple lived in USA where the boy was employed with an MNC till Aug 2008
Girl finally came back to India in Aug 2008 and never returned to USA
Boy applied for divorce in USA in Oct 2009.
The boy was successful in getting an exparte divorce even though the summons were not served on the correct address in India and the girl had not received the summons.Also, the grounds of divorce was irretrievable breakdown which again is not valid.
In any case, the girl didn't challenge the judgement and moved on with her life. She just got the certified copy of USA decree by sending a demand draft to USA court.
The guy also moved on and remarried in last year.
Now the girl also wants to re-marry. I am the guy whom she wants to re-marry with.
I am a divorcee as well. My divorce was mutual consent, no issue divorce.
I want to go for court marriage now.
Request the experts to validate my understanding of the case as it stands now :
1) Her USA divorce decree is not valid in India which means that they are still married as per Indian law
2) In order to get re-married, she needs to file a fresh divorce application in India.
3) If the other guy has re-married in India, then there is a case of bigamy against him.
4) Since the guy is re-married and settled in USA with his second wife, he will not be coming to India to settle his first marriage case.
5) Even if we get married as per hindu rituals, marriage registration will not be possible without concealment of facts that she was married before.
Further, request the experts to answer my below queries :
1) Is there a way to get the USA divorce decree enforced in India? Any affidavit stating that the USA decree is acceptable? Any endorsement?
2) Is there any way via which we can marry legally in court without concealment of facts?
3) In case a fresh divorce application is to be filed, on what grounds it should be filed to get the judgement quickly?
I would really appreciate guidance, advice on the matter.
Thanks to all in anticipation.