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Can I stop divorce proceedings in US with help of Indian courts ?
28-Jan-2023 (In Divorce Law)
I have been living in USA for 4+ years, and my husband has been living in USA for 20+ years. We both came on student visas, but have now received our Green Cards. We got married in USA 2 years ago at a Hindu temple. Marriage is also registered in USA. We have not visited India together or separately after getting married. My husband filed for divorce in USA last year (less than one year of marriage) on the grounds that 'marriage is irretrievably broken'. Can I get Indian family courts to stop him from proceeding in the USA divorce proceedings? I am still living in USA.
First question where does your pearents live in india? and what is reason of dispute. Between couple.and do you have any child.and what do you want ....divorce and settlement..and are you doing job...
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Adv. Neelam Rai
Faridabad | 100+ Answers
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Dear Madam, You cannot stop proceedings of USA Courts with the help of Indian Courts. Jurisdiction of Indian Courts limited to the Indian Courts in India or under the Govt of India ( Established by Indian Govt.) in foriegn country. So can get relief in USA Courts only.
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Adv. Narender Kumar
Gurgaon | 25+ Answers
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This is a very peculiar preposition. Since you got married under Hindu Marriage Act, as per Indian laws your divorce can happen only under grounds available under Hindu Marriage Act, & since Irretrievable breakdown of marriage is not a ground under Hindu Marriage Act, any such divorce even if granted by courts in USA ( where it is one of couple of grounds apart from no fault divorce) is not recognized by courts in India, & any such divorce is not valid.
Now this is the position of law when the marriage may have happened in India, and thereafter even if couple may have moved to USA or any other country or may have acquired citizenship of another country, even then divorce must happen as per provisions of Hindu Marriage Act. Having said that, your case is peculiar in the sense that you got married under Hindu marriage act in USA and not India. If we are able to show that you have Indian Domicile and in such event you may even ask courts in USA to apply Hindu Marriage Act. Another option in such case which may be available to you is come to India and file anti suit injunction against your husband, but again since he is not in India for over 20+ years, it may have to be seen if we can apply that. As far as stopping divorce proceedings before USA courts, apart from anti suit injunction against your husband, Indian courts have no jurisdiction to interfere in the proceedings of USA courts.
For more specific information, you may contact me with more specific details of your case, and state of residence in USA.
Now this is the position of law when the marriage may have happened in India, and thereafter even if couple may have moved to USA or any other country or may have acquired citizenship of another country, even then divorce must happen as per provisions of Hindu Marriage Act. Having said that, your case is peculiar in the sense that you got married under Hindu marriage act in USA and not India. If we are able to show that you have Indian Domicile and in such event you may even ask courts in USA to apply Hindu Marriage Act. Another option in such case which may be available to you is come to India and file anti suit injunction against your husband, but again since he is not in India for over 20+ years, it may have to be seen if we can apply that. As far as stopping divorce proceedings before USA courts, apart from anti suit injunction against your husband, Indian courts have no jurisdiction to interfere in the proceedings of USA courts.
For more specific information, you may contact me with more specific details of your case, and state of residence in USA.
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Adv. Vivek Nasa
Gurgaon | 200+ Answers
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You can definitely stop the divorce proceedings in USA with the help of Indian Courts subject to certain conditions. Please share specific details regarding the fact of the case for the elaborate consultation in this regard.
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Adv. RK Rastogi
Delhi | 25+ Answers
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