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Can a divorce be file by husband in India being a US Citizen
18-Oct-2023 (In Divorce Law)
Hello, I have a quick question. I live in US and both my husband and I are US citizens. When we married, we were Indian citizens and marriage was under Hindu Marriage Act. My husband went back to India. Can he file for a divorce in India? Can he serve it to my parents in India instead to me?
Hai good morning, and happy Diwali, you have asked 2 questions first one is whether he can file a divorce petition here or not, my ans is just yes because you marriage solamnized in idian he can file it now in India as per Act the 2nd question is issuing summons to parents can be acceptable by court or not it's discretionary power of the court, but that will not sustain in appeal, good get me soon
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Adv. A Joseph Jerry
Madurai | 25+ Answers
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Your husband can very well file a divorce petition against you in India and for service of notice/summons it has to be served only to you and not to your parent. So, if they receive any court summons ask them to return the same by stating that you are US and thereafter your husband has to take other steps to serve notice on you. Note: summons received by email is also considered to be sufficient service
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Adv. Dhalapathy Vignesh Kumar
Chennai | 25+ Answers
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Since the marriage was solemnised in india he can file a petition for divorce in india. For the service of notice to you it is procedural to serve it upon you as you would be the Respondent in the case.Address of your parents may be cited but you have to be addressed.
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Adv. B N Rajamohamed
Madurai | 25+ Answers
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Your husband can file a dissolution petition in India and has to inform you.
Serving notice to your parents will be of no use.
Serving notice to your parents will be of no use.
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Adv. Rajaganapathy
Chennai | 100+ Answers
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Q. Can he file for a divorce in India?
A. Yes, your husband can file the case in India as the marriage was solemnised in India under Indian Laws.
Q. Can he serve it to my parents in India instead to me?
A. No, your husband must directly serve the divorce papers to you. However; if you husband does try serve it to your parents house, then your parents should clearly inform that you are in USA and that you do no reside in their house anymore. In that case, the notice will be returned and the court may ask him to serve the notice to you in some other manner.
Hope this clarifies your questions. Do reach out to me if you require further assistance.
A. Yes, your husband can file the case in India as the marriage was solemnised in India under Indian Laws.
Q. Can he serve it to my parents in India instead to me?
A. No, your husband must directly serve the divorce papers to you. However; if you husband does try serve it to your parents house, then your parents should clearly inform that you are in USA and that you do no reside in their house anymore. In that case, the notice will be returned and the court may ask him to serve the notice to you in some other manner.
Hope this clarifies your questions. Do reach out to me if you require further assistance.
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