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tv   17 August 2015

Us annulment/void marriage judgement validity in india

I am a US resident. I got married in India as per Hindu marriage act and was registered in India.  it was an arranged marriage. my marriage was a short (2 years only). 

 

My marriage was annulled/voided by US court due to fraud committed by my ex-wife.  Fraud was towards essentials of marriage, money and immigration.  This was a contested, had 4 days of trial and final judgement was my ex-wife committed fraud to induce me into marriage. she had no intention of having children she only wanted US immigration and money.  She left me and filed divorce alleging domestic, emotional and financial abuse to support her self immigration petition. I counter filed for annulment for defrauding me.  during the trial my ex-wife testified that even her date of birth was not real one on records and all the allegations she had against me, she was not able to give proper answers and kept changing her answers as to how abuse occurred changed every hour.  from the very beginning of marriage she was sending all her salary to India and did not even contribute towards the house hold expenses, she transferred money to India using multiple avenues (wire transfers, checks, using third party, friends, etc) her explanation about the money transactions were not consistent on why she was doing it and also she was not able to account for a very large sums of money as to where it went.  She even submitted fraudulent and forged documents to the court.  in the end the judge ruled that the marriage is voided due to her fraud.  The judgement is in line with "The Code of Civil Procedure, 1908 section 13"

 

It was pronounced by court of my residential jurisdiction.

The case was duely heard and trail for 4 days went on where both parties were heard.

The proceedings were inaccord and international laws and indian law were considered.

The judgement was as per natural justice and in process.

There was no fraud in the judgement.

The judgement does not breach any international law.

 

and ground for annulment are exactly the same as grounds as per "Section 12 of Hindu Marriage Act, 1955 ".  The US court judge also made reference to Indian laws of marriage and divorce during the ruling and was considered.

 

my question is given the outline and facts my understanding is that this us court judgement is valid in India.  Do i need to do something more in India like registering the US court judgement or something, if so what do I need to do and do I need to be present physically in India or can I have my parents take care of this.

 

Thanks and Regards

 



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 1 Replies

Mike Bellamy   27 April 2018

Hi did you ever get an answer to this? I have a similar situation. Annulment done abroad and need it acknowledged in India. I�m not an Indian citizen.

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