Divorce in US. Will it be valid India?
My sister is getting divorced with mutual consent ( irreconcilable differences) in U.S. , will be considered valid in India too? If my sister is married in India (Delhi) , marriage was registered in Noida(in-laws), my parents are based in Gurgaon ,In that case what wil b the jurisdiction if she wants file for her divorce case here? In case she doesn't get her streedhan back after her divorce with mutual consent , can she file case here against her in-laws? Even after divorce can she claim her share in property which belongs to her husband's parents in Noida As she has nothing for herself?
My sister is getting divorced with mutual consent ( irreconcilable differences) in U.S. , will be considered valid in India too?
-Yes, divorce at last place of residence will be considered valid.
If my sister is married in India (Delhi) , marriage was registered in Noida(in-laws), my parents are based in Gurgaon ,In that case what wil b the jurisdiction if she wants file for her divorce case here?
Under the original Hindu Marriage Act, a wife could file for divorce at any of the three given jurisdictions:
1. where the husband presently resides
2. where the husband and wife both last resided together (Therefore, divorce in US, in your case, will be valid)
3. where the marriage took place
However, after 2002, the wife can file for divorce even where she resides as per the Divorce Act 2002. Therefore, now your sister can file for divorce at any of the following places:
>Where marriage has taken place
>Where husband and wife started living soon after the marriage and prior to separation
>Where the respondent is residing
>From where the wife is residing after leaving matrimonial home.
Even after divorce can she claim her share in property which belongs to her husband's parents in Noida As she has nothing for herself?
-She will be entitled to maintenance as deemed fit by the Court
Advocate Mishika SinghLajpat Nagar 1, Delhi
First of all the divorce has to face the test of section 13 cpc in India which states when a foreign decree is valid in that. Decree can be challenged if it does not fall under sec 13 so divorce granted by foreign court is not always final in most situations and a divorce petition can be filed in India if section 13 is not satisfied.
Therefore the test has to applied depending upon facts of each case. A certain opinion can be given after thoroughly going through decree of foreign court and all the orders of the proceeding.
Advocate Sonia SainiDwarka, Delhi
Sir please note the following :1) Yes, the divorce decree will be valid in India; 2) if filed in India Delhi courts will have jurisdiction;3) after divorce it is near impossible to file for your streedhan; 4) no after divorce you will not be able to claim share in property. You may however claim maintenance till remarriage
Advocate Rajat JosephNizamuddin East, Delhi
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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