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Can husband file divorce in USA if married in India
01-Aug-2023 (In Divorce Law)
My son & his wife were about to go to USA, as per my Son's Company. Suddenly, few days before departure, she backed-out & went to her parents. 50+ months have passed. Total silence from their end. Tried all possible communications- no reply. It is a 100% NO-FAULT case for my son. They never filed any Police Diary. Heard they have filed for Divorce 12 months back, with demand for Alimony; Court yet to "serve" Summons at USA. They r not attending Hearing also. Just enjoying that my son suffering for Company at USA. Can he file for DIVORCE at USA, which will be legally acceptable in India?
It appears from your statements that your son went to USA on a work visa and still an Indian Citizen.
The USA courts would have no jurisdiction in divorce matters of two Indan citizens having married in India.
The USA courts would have no jurisdiction in divorce matters of two Indan citizens having married in India.
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No divorce in USA can only be filed if the parties are living in USA and disputes arose there. When she has filed case of divorce in India otherwise the divorce proceedings in USA shall have no bearings. it is better to contest the case and appoint an attorney in India so that your son can work peacefully in USA.
thanks
thanks
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Adv. Sharad Kumar Agrawal
Ghaziabad | 25+ Answers
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As the marriage of your son had been solemnized in India, Originally the Jurisdiction lies in India Only.
Further we are not sure about United State laws. You are suggested to contact an attorney there in USA.
Further we are not sure about United State laws. You are suggested to contact an attorney there in USA.
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Adv. Anurag Garg
Ghaziabad | 25+ Answers
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