Please need advice on second marriage after foreign divorce

 

>>>  Thus judgments delivered by courts (say) in England, France, Germany, USA, etc. are foreign judgments. Sections 13 and 14 enact a rule of res judicata in case of foreign judgments. These provisions embody the principle of private international law that a judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian court and will operate as res judicata between the parties thereto except in the cases mentioned
in Section 13. 

C.P.C:Sec. 13: NATURE AND SCOPE:  A foreign judgment may operate as res judicata except in the ...............cases specified in the section 13 and subject to the other conditions mentioned in Sec. 11 of C.P.C. The rules laid down in this section are rules of substantive law and not merely of procedure. The fact that the foreign judgment may fail to show that every separate issue, such as, the status of the contracting parties, or the measure of damages, was separately framed and decided, is irrelevant unless it can be shown that failure brings the case within the purview of one of the exceptions to Section 13.

 

>>> If the  divorce was decreesd in USA on grounds recognised by HMA,then it might be valid in india.

If you were ex. Party and your  whereabouts were not known then  substituted service of publication might have been perfomed for summons.

 

>>> It is not clear whether you challenged the divorce decree from USA?

The Indian courts could have declined to recognise it.

 

Now you may show all docs on record to a very able counsel for a considered opinion.

 

 

 

Hi Sir,

I have not challenged in america, he server seperation notice to me, but i dint respond to that, i have not attend to the court i came to india. now i m married second time, because of some misunderstanding second husbund contacted first husbund, they r trying to put me in legal trouble.

The decree of divorce obtained in US was against you by your previous husband that was obtained ex-parte. The person who can challenge that decree as void in India is only you not your second husband. If you considered that it was valid as you consented to it than its valid in India for all purposes under section 13 CPC and as per established principle of law by the supreme court of India in Narsimarao case. The petition for annulment of marriage on the ground of your existing previous marriage will not stand in court of law nor the ground of fraud on your part for not disclosing facts about the US divorce. The second husband can however seek divorce on the ground of cruelty by you on him if he has that ground and sufficient evidence. Otherwise his case will fail provided you engage knowledgeable advocate to represent you in the court proceedings.

File dv case and 498a case on him.

Originally posted by : Dana Kayoni
	File dv case and 498a case on him.

i have already  filed 498a on ex-husbund.  do you suggest me to go head for another 498a on second husbund.

You have posted that:

"i have married another guy i told him about my past before marriage,  but that guy parents changed his mind.  now he is threatening me that USA exparte divorce is not valid in india, he & first husbund planing to  proceed with cheating case & divorce petition in india. "

 

1.  The point upon validity of foreign divorce  judgment has been discussed.

You may obtain the copy and discusse with your able counsel and reconfirm that it is valid on acceptable grounds in India. 

2. You must be having some evidence/admission that you discloed the first marriage and divorce to second husband.

You may show this and discusse with your able counsel.

 

Once you have understood the validity and have evidence you can have firm footing and a good case against both.

 

However try to sooth the nerves on second husband and his family and try to save the marriage.

Rest is upto you.

 

 

 

 

 

Originally posted by : Vijay Raj Mahajan
	The decree of divorce obtained in US was against you by your previous husband that was obtained ex-parte. The person who can challenge that decree as void in India is only you not your second husband. If you considered that it was valid as you consented to it than its valid in India for all purposes under section 13 CPC and as per established principle of law by the supreme court of India in Narsimarao case. The petition for annulment of marriage on the ground of your existing previous marriage will not stand in court of law nor the ground of fraud on your part for not disclosing facts about the US divorce. The second husband can however seek divorce on the ground of cruelty by you on him if he has that ground and sufficient evidence. Otherwise his case will fail provided you engage knowledgeable advocate to represent you in the court proceedings.

1.my exhusbund have any right that he can file divorce case in india. or he can say that my wife married second time without giving me divorce ??

 

Originally posted by : anu59793
	Originally posted by : Dana Kayoni File dv case and 498a case on him. i have already  filed 498a on ex-husbund.  do you suggest me to go head for another 498a on second husbund.

File it. You already married 2 times, this time also if husband leave u and go what will u do, look for husband no.3? Like this no meaning in marriage.  EIther file it, or try to know root cause of problem why he want to get rid of you, if you want I can do counselling to you and him.

Instead of getting anxious consult a very able counsel and understand all points as already suggested.

Originally posted by : anu59793
	Originally posted by : Vijay Raj Mahajan The decree of divorce obtained in US was against you by your previous husband that was obtained ex-parte. The person who can challenge that decree as void in India is only you not your second husband. If you considered that it was valid as you consented to it than its valid in India for all purposes under section 13 CPC and as per established principle of law by the supreme court of India in Narsimarao case. The petition for annulment of marriage on the ground of your existing previous marriage will not stand in court of law nor the ground of fraud on your part for not disclosing facts about the US divorce. The second husband can however seek divorce on the ground of cruelty by you on him if he has that ground and sufficient evidence. Otherwise his case will fail provided you engage knowledgeable advocate to represent you in the court proceedings. 1.my exhusbund have any right that he can file divorce case in india. or he can say that my wife married second time without giving me divorce ??

u no understand ne thing. u look buddhu type. if he filed diovce and got it, and u no question it anywhere, that divorce is valid, and u can remarry anyone of ur wish again, which u did. now if ur hsuband ie new husband tells he file annulment, file dv case and 498a on him, threaten him not to file divorce or annulment.  Peace talks time over?  You not told in ur query fully.

Procedure which was to be followed:

1. Marry.

2.  File 498a if dowry demand.  FIght 498a and win it.

3.  File divorce.  Apply for decree.

4. Remarry.

 

Here you did 2, husband filed 3, got divorce abroad, you did not contest, but filed 2.  WIthout 3, you did 4.  Now present husbnd wants to get rid of you.  Annulment grounds?  THat you ahve not told.  Even divorce grounds are not told.

 

DOIng marriage second time waste, going for divorce second time bigger waste.  Try to adjust with husband, no use filing 498a, ur first 498a did not over get I think, u in plans of file second 498a plus DV? U mad. Dont listen to such lawyer, try to sort matter amicable with husband.  Your life alredy spoilt, why spoil it some mre, some more caswes, some more headache.  No social status.  big mess. Think.

Originally posted by : Adv. Gonjare
	Fighting two 498a against two husband at same time, horrible situation. Big mess. If both husband join hands, they create big trouble. Advisable quash, withdraw any cases both husband. Try amicable solution second husband or get MCD second husband. Too many cases, different stories, difficult keep stories aligned, eventual someone prove you lying oath then many more legal problem for you. Also having two enemy husband create havoc. Leave case US uncontest, file 498a case India, marry again, file case new husband. If treating legal system as joke, legal system putting you jail.

why should i be punished,  i got divorce from usa. that my husbund gave me exparte that is valid in inida.  i got married second husbund still he is harrasaing me, what should i do? i dont want to give him divorce, but second husbund threatning me that first husbund will file divorce in india and he will put cheating case on me.

Engage a very able counsel.

LCI expert Mr. Shonee Kapoor may concue to counsel you.

Try by contacting him.