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Is exparte divorce legal in India
09-Jun-2023 (In Divorce Law)
Hi me & my first husbund married in india hma 2011. we went to usa, he harrased me, he server me divorce notice, then i came back to india wihtout reply him, immediatly i lodged 498a on him, he got exparte divorce, i married recently second time 2nd husbund also threatening me that your exparte divorce is not valid in india, our marriage null and void. he try to escape from me. my 2nd husbund contacted 1st husbund both are trying to put cases on me. what should i do. 1. is exparte divorce valid or not valid in india? 2. is this marriage legal or not?
From the bare minimum facts furnished it is clear that in U S in your absence ( Ex-parte) divorce has been granted, do you have a copy of it? if yes then it would be valid divorce decree as it is passed by a competent Court of Law hence your 2nd marriage is valid marriage provided you had disclosed this fact to your 2nd husband before your 2nd Marriage. Hence both the husbands cannot do anything as the first one has divorced you and is no more your husband, you can file restitution of conjugal rights case or file maintenance proceedings if you are neglected by the 2nd husband.
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Adv. Datar Vilas R
Bangalore | 25+ Answers
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Ex-party divorce is valid in India until you are questioned the same before the High Court of Karnataka within the period of limitation.
They cannot put any case against you, if your 2nd marriage is after the Divorce of the 1st marriage.
They cannot put any case against you, if your 2nd marriage is after the Divorce of the 1st marriage.
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Adv. Periyaswamy K S
Bangalore | 100+ Answers
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It's so unfortunate with you , that you had a very bad marital discord and affecting your life , it does not matter whether your divorce is legal or not , nor any purpose to set you away , it's better that you get all documents copy and contact us so that we can see what exactly is in order copy and if such provision is similar to Indian laws , hence nothing to worry much , an ex parte order in India is also legal if not opposed for limitation period .
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