International Divorce what counter if served with no fault petition

Question

International Divorce what counter if served with no fault petition

03-May-2026 (In Divorce Law)

I live in the US, have been served a no fault divorce. As no fault grounds is not valid in India, how should I proceed with response ? Got married in India. Now we both live in US

Answers (5)

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Anitha
Thank you for the advice Adv Shambhavi, Adv Puneet, Adv Kunal, Adv Samriddhi

Adv. Shambhavi Sharma Adv. Shambhavi Sharma

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Advocate Puneet Srivastava LawRato · Accepted Answer · 2026-05-03T11:34:09+05:30

Answer #2

You must contest it by making a specific averment in your response that you protest that divorce petition and reserve your rights to challenge it if it is granted in your spouse's favour in US. You are absolutely correct that it is not recognised by Indian laws and you may file your case for restitution of conjugal rights in India simultaneously to counter her divorce petition, if you intend to safeguard your marriage. Simultaneously, you may file domestic violence case against your spouse and maintenance case, if you are eligible to bound him to appear in Indian Court. Your spouse will have to defend it in Indian court that way. Good luck!

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Adv. Puneet Srivastava Adv. Puneet Srivastava

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Advocate Kunal Seth LawRato · Accepted Answer · 2026-05-03T11:55:34+05:30

Answer #3

since you are already aware that no fault divorce is not valid in India a divorce obtained on the grounds of no fault would not be valid in India. it is also material to note that you were married in India but you have not stated where you are currently domiciled as that would be critical for deciding jurisdiction of Indian courts. in any case divorce would have to be obtained from courts in India as well otherwise any asset located in India would not fall in the purview of the divorce granted by a foreign Court.

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Advocate Samriddhi Tripathi LawRato · Accepted Answer · 2026-05-03T13:22:29+05:30

Answer #4

Based on the information provided by you as stated Is there any possibility of returning back to India. As India does not have no-fault divorce but you can file mutual consent divorce in India under Section 13B Hindu Marriage Act. If you have served with petition copy file a response within stipulated time period, take help of legal counsel as it’s crucial, if you don’t file a response the decision might be in favour of the opposite party.

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Advocate Bhawana Pandey LawRato · Accepted Answer · 2026-05-04T11:10:50+05:30

Answer #5

Divorce on foreign land if the marriage is solemnised in Hindu Marriage Act, can only be accepted in Indian Laws if the same is in consonance with the provisions of Indian Divorce Laws, Hindu Marriage Act. So perusal of the order is imperative for better advice. Feel free to connect. Thanks

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