Paul (Manager) 21 May 2013
Hi All,
I am a software professional and working with a India based IT company. My wife filed no fault divorce in US and she want to have this settled here.. In case I find things not in my favor ..I can ask my employer to send me back to India.. in that case will the decree be valid in India ...
Can I challenge the ex parte divorce that she will get in US .. We are married based on HMA in 2002.
Best Regards
Paul
ajay sethi (lawyer) 21 May 2013
we have already advised you sufficently . irreviterable breakdown of marriage is not recognised under HMA .
dont participate in the proceedings in USA . the reason your wife has filed in USA is she wants 50%of your assets . return to india permanently
as advised earlier if your wife wants a divorce ask her to obtain divorce by mutual consent divorce in india .
If you are unsure about the divorce in the U.S,then don`t take part in it.Because if you do,your wife will argue in India that you wilingly took part in the process and it is a valid divorce.Consult a lawyer,see what the damages would be and take a decision.You can`t take part and if the maintenance is high,run away to India.That`s not a good way of doing things.
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