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Vijay Kapoor (student)     02 September 2012

Us divorce

US divorce settled as "irreconcilable difference". Assets have been divided and alimony/maintenance being given. Divorce was filed by ex-wife in US. She is a Green Card holder and continues to stay and work in the US. Can she go back to India and file further (false) claims or is US divorce the governing verdict?



 4 Replies

Guest (Guest)     03 September 2012

She can file a false criminal case against the husband in India. That apart, the very decree of the US court granting divorce can be challenged in the Indian courts.

 


Ashish Davessar

Advocate

Supreme Court of India*

Punjab and Haryana High Court*

Vijay Kapoor (student)     03 September 2012

Thanks for the response, Mr Davessar. Regarding your response about challenging the decree, both parties were volutarily involved in the entire divorce process in the US and were represented by individual attornies. Since she ha filed for divorce in the US (and never left the country during the process) It would be strange if she challenges the very divorce decree that she has obtained by filing for it in the US, in India. All procedures as defined by Sec 13 of the CPC were followed (without exceptions) as part of the divorce proceedings in the US, so I dont believe she can overturn the decree India. Ofcource, as far as filing a spurious case (including challenging the decree), thats another story and victory against such baseless cases is more or less guaranteed if proper actions are taken in advance.

Guest (Guest)     03 September 2012

I wish all the best to the husband.

Tajobsindia (Senior Partner )     03 September 2012

he he

I agree 50:50 to both Ashish and to @ Author of this thread in their subsequent replies.
Reasoning:
One is purely subjective legal advise and "filing" can always be done in Indian soil and what its outcome would be is too objective advise to derail query right now read with @ Author is having sound background knowledge on asked subject matter and was just checking some shaky foundations which is quite natural
J

 


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