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Is No Fault Divorce granted in USA applicable in India
02-Oct-2023 (In Divorce Law)
I was married 6 years back under the Hindu Marriage Act in India. Later, both of us moved to USA for our PhDs. We have been PhD students in Illinois, USA for the previous 4 years. We agree that our marriage has not worked and want to end the marriage. The state of Illinois in USA follows No Fault Divorce. The only ground for dissolution is that irreconcilable differences have caused the irretrievable breakdown of the marriage. I wanted to know that if we apply for the No Fault Divorce in Illinois, USA, will it be binding in India too? Or, at a later stage the vailidity of divorce can be contested in India by either of us?
Under code of civil procedure foreign judgment and foreign court has been described ,this case too will govern by the procedure of civil code .As far as your case is concerned the validity question could only be challenged under six clauses define under the code with that the interpretations attached to it through various ruling of the court ,in short it's valid but could be challenged .Its advice able to the couple married in India having Indian citizen to get divorce in India only ,although they can get divorce in the country of residence with certain expections as framed by apex court from time to time .If any further query ,feel free to put forward your questions ,it's always welcome .
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Adv. Rishi Kumar
Allahabad | 200+ Answers
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How do you deal with an unwanted divorce?
According to studies, it can take 4 to 5 year to adjust to a divorce that was not desired. Keep yourself surrounded with people who are able to offer genuine support and care. A licensed therapists help can be invaluable during this period.
Is uncontested divorce valid in India?
In India, the parties must comply with all the requirements. Numerous surveys conducted in India have shown that an uncontested divorce is a hassle-free and easy way to get a divorce.
Is one sided divorce legal in India?
According to the Hindu Marriage Act of 1955, a one-sided divorce may be granted on the grounds of cruelty, adultery or desertion. Other grounds include mental illness, communicable disease, or presumption that the spouse has died.
What is the new rule for divorce in India 2023?
In 2023, the Supreme Court ruled that it had the authority to dissolve a marriage if the union was irreparable. The court will be able to skip the six-month wait period required by the Hindu Marriage Act, 1955. 05-Oct-2023
The status of the divorce filed in usa is very much depend upon the status of your citizenship if the couple is NRI then any one can challange it in india the validity can be challanged in india too
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Adv. Raj Nath Singh
Lucknow | 25+ Answers
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No fault divorce petition in US is just like petition of divorce by mutual consent in India. The divorce once taken from the US court is effective and valid in India. It can not be contested in India unless it is without the consent of one party. It means if both husband and wife seek divorce jointly then it can not be challenged by either party.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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