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Can i file for Divorce in US, if i got married in India on work permit


22-Sep-2023 (In Divorce Law)
legal question Whether marraige solemnized in india under hindu marraige act and registered under indian special marriage act between the indian citizens working in the US (California) on work permit be dissolved by the superior court of the california county of Los Angeles and allowed by the indian court of law!
Answers (2)

Answer #1
561 votes
The Section 13 of Code of Civil Procedure deals with recognition of Foreign Judgments in India. SC in various decisions noted that a court would have competent jurisdiction if it recognizes the Act or law under which the parties are married. Further, If any foreign judgment is opposed to natural justice, founded on breach of Indian law or obtained by fraud; it would not be recognized in India. For a court to have competent jurisdiction both the parties must voluntarily and unconditionally submit themselves to the jurisdiction of the said court. In a leading judgment SC of India ruled :- 1. No marriage between an NRI and an Indian Women which has taken place in India may be annulled by foreign court. 2. Provision may be made for adequate alimony for wife in the property of husband in India and abroad.
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Advocate Siddhant Sharma

Adv. Siddhant Sharma

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Answer #2
676 votes
Ye, If the marriage is solemnised in India as per the special marriage act between the India citizens working in India working in the US on work permit which is dissolved by the superior court of Los Angeles is accepted by the Indian court of law
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Advocate Ajay Garg

Adv. Ajay Garg

LawRatoDelhi | 50+ Answers
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