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indianzindian (business)     28 September 2010

jurisdiction-usa decree

can a usa court grant divorce to husband(nri) if he has not resided with his wife in usa....can a wife go to usa for only divorce purpose from india and get mutual divorce..husband being petitioner and wife being respondent.... does the court has jusrisdiction for this....

 3 Replies

Tajobsindia (Senior Partner )     28 September 2010

  1. No.

  2. Why the wife is traveling to USA to defend herself before a USA Court when even the Husband never set foot on USA soil! All these defy standard domicile (International Conventions) logics to me?

  3. Under both the Indian and English private international law there are four general rules in respect of domicile: No person can be without a domicile; No person can have simultaneously two domiciles; Domicile denotes the connection of a person with a territorial system of law; and the presumption is in favour of continuance of an existing domicile.

indianzindian (business)     28 September 2010

husband has usa citizenship(n.r.i)..

Tajobsindia (Senior Partner )     28 September 2010

Sorry. I take liberty to change my ans. Para 1 till 3 No and Ors. to now I am saying all of them to be YES.

Accept once again my sorry for giving erlier wrong reply.

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