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Marital home in US. Marriage in India. Can divorce happen in India?
31-May-2023 (In Divorce Law)
My daughter's husband has filed for annulment of marriage in a California court whereas the marriage took place in India and my daughter stayed with her in laws only for 10-12 days post marriage and came back to our home in India as things did not work out between them.
Their marriage is not registered anywhere – nor in India nor in the US. They stayed together in Delhi for 3-4 days post marriage. What should we do now as want to pursue this matter in India.
If your daughter's matrimonial home is in the USA, then the petition for the annulment of marriage can be filed in USA itself. However, as the marriage took place in India, the Indian Courts shall still have the jurisdiction.
So, even if the annulment is granted in USA, your daughter can still challenge the same in the Indian Court and the Court shall decide the validity of the annulment and the same can be declared null and void.
It is still unclear as to whether your daughter wants to file for annulment or continue with the marriage. If she wants to continue, then let her file the petition and once the annulment is granted, challenge it in the Indian Court. Or, she can file an annulment petition in the Indian Court despite the fact that another petition for annulment is pending in California.
Your daughter can also pray for directions from the Court to her husband to stay / withdraw the proceedings from the Court in California as the marriage was solemnized in India.
Kindly contact us for any further details and action.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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