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indianzindian (business)     27 September 2010

urgent help needed in usa divorce decree

i am  married to a girl who got divorced from her ex (nri) in u.s.a thru mutual consent (she was respondent).....but her hubby had marriage registered in u.s.a with other girl.....he married to that girl without divorcing my wife.......is the divorce decree from u.s.a with my wife is valid (mutual consent)...becz in usa her marriage is not registered but in india its registered and also can court grant divorce if registration with other girl is not cancelled....... can decree be held invalid due to loop holes in it(loop hole being that boy already married and registered in u.s.a didnt declared to u.s. court and took div from my wifein u.s.a).....can i challenge my wives decree    as invalid anytime ..since i have come to know this now and our relations are not cordial..so is it possible for me to say in india she married without valid decree...i am in india....


 



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 4 Replies

Shyam Ji Srivastava (Practising Lawyer)     27 September 2010

Dear Ravi

Yes u can do it.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 November 2010

Yes, Obviously.

Jamai Of Law (propra)     27 November 2010

I don't think so.....

 

Your wife got married to a man in India....and marriage got registered in India

 

Then that man while living in USA....got married for second time to another girl in USA and registered the second marriage (bigamous act which illegal and may attract imprisonment and then deportation for that man .. and also his second marriage invalid in USA also) in USA...

 

Then that man divorced his first wife (i..e. you your current wife) by MCD but didn't disclose about his second marriage............(There is no fault of your wife..Divorce by MCD in USA is valid in India also)

 

After divorce you got married to her in India.

 

 

Her divorce is valid.....Her ex-hubby's bigamy has got nothing to do with her MCD decree......

 

 

Hence her second marriage is valid and your wife hasn't committed any bigamy at all.

 

 

 

Jamai Of Law (propra)     27 November 2010

Your wife's Ex-hubby's first marriage dissolved legally..but in between first marriage and it's divorce...ex-hubby's bigamy makes second marriage as invalid....

 

 

Hence ex-hubby's wife needs to be made aware of the situation...you have got nothing to exploit this situation to your benefit....Find another ground available.

 

 

You may check your marriage registration details.....in which one should declare onself as either  "never married" or else provide additional proofs that previous marriage ceased to exist.

 


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