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ABC   05 July 2019

Question on nri divorce situation

Married and registered in India, both parties currently living in US. No kids. Divorce filed by husband in US and wife evading summons there. Husband came to India for some time. Mediation and first motion done in India by husband in person and father of wife (GENERAL power of attorney holder). Now second motion not happening in India because wife's family not furnishing SPECIAL power of attorney as asked by judge (attested by Indian consulate in US). So, wife intentionally evading summons and divorce proceedings in US and wife’s family not finishing up divorce in India. Therefore, husband thinking of ex-parte in US. What can be its execution and applicability in India.


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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     05 July 2019

Ex-party divorce of US court is applicable in india.

Vijay Raj Mahajan (Advocate)     05 July 2019

Ex-parte decree of divorce can always be challenged by the wife if she so desire, best is to ask her to send SPA duly attested by Indian consulate in USA.

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