Atul Kumar Va (Partner) 03 May 2016

Legal rights of a woman being divorced in usa

Hi, What are the Legal and Property rights of and Indian woman where Divorce is being taken in USA ? Main Points are :- 1. They are married since 10 years 2 months in India in a Traditional way and also Court registered and settled in USA since 10 years. 2. Wife is Green Card Holder and is working. Husband is 1 year old USA citizen and is working at a good position. Age of both is 41 years. Child is 1. 2. They have a 4 month Old baby boy. 3. Reason for Divorce is Adultery of Husband.......Husband involved with a 12 years Junior employee of the same MNC firm in India .......where he came to India and met her and also stayed in Hotel with her...........All the proofs are there to prove adultery. Now, I would like to know:- 1. what are the property rights of a woman in Husbands property in India........Husband has a 4 Bedroom apartment in a Metro City which he acquired after marriage but booked this property before marriage and was also paying EMI for it before marriage......means half EMI he paid before marriage and half EMI he paid after marriage and got possession of apartment in his name alone 3 years back. 2. Also, will the Divorce decree to give Wife property rights after divorce as per USA Laws be applicable in India ? 3. What other Legal rights the wife has in India after divorce ? Kindly advice. With Best Regards.

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Vijay Raj Mahajan (Advocate) 03 May 2016

Firstly both parties are no more domicile of India as one is US citizen and other green card holder. So Hindu Marriage Act for that reason will not apply to them. Secondly divorce taken in USA and property distribution based on US law will make the husband give half his properties to his wife if there was no pre or post nuptial agreement with regard to their properties. As far the issue of implementation or execution of US court in India is concerned with regard to property distribution situation in India is concerned that execution process under the CPC will require that the order so made by U.S. court is based on a similar Indian law, but in India there is no such law like U. S. where properties distribution takes place between parties at the time of divorce keeping this in mind Indian court may refuse execution of U. S. court order passed in favour of wife.