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 Nikhil, Adv Puneet, Adv Aditya , Adv Kabir, Adv Karthik

Adv. Nikhil Karwal Adv. Nikhil Karwal

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Advocate Puneet Srivastava LawRato · Accepted Answer · 2026-05-03T11:31:21+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 wife'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. Your wife 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 Aditya Kumar LawRato · Accepted Answer · 2026-05-03T12:55:40+05:30

Answer #3

Since you were married in India, Indian family law and the court that has jurisdiction over the marriage/residence will matter, but a U.S. “no-fault” petition does not automatically bind you in India; your response should usually challenge jurisdiction if the U.S. court lacks proper connection to the marriage or to you, submit a written appearance through a U.S.-qualified family lawyer, preserve your rights on service and notice, and avoid ignoring the case because an ex parte/default order can still be made against you. In your response, you can state that you do not admit the allegations, that “no-fault” is not by itself a ground you accept under your understanding of applicable Indian law, that the marriage was solemnized in India, that both parties now live in the U.S., and that the court should first determine whether it has jurisdiction and whether proper service was made; the exact strategy depends on which U.S. state filed the case, where you and your spouse currently reside, and whether you want to contest jurisdiction, negotiate settlement, or seek a parallel divorce/counter-claim in India.

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Advocate Kabir Singh LawRato · Accepted Answer · 2026-05-03T16:37:11+05:30

Answer #4

Hi, I believe you mean to say you have been served with a No-fault Divorce Notice. A no fault divorce if unchallenged during the divorce proceedings can be binding in India as divorce on mutual consent is a legally valid ground for divorce in India, and a declaration on the same can be sought under section 7 of the Family Courts Act, even if the divorce has been granted by a State Court in the US. How you should proceed with the response is completely dependent on, and unique to your particular scenario, and the legal strategy discussed between you and your attorney.

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Adv. Kabir Singh Adv. Kabir Singh

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Advocate Kartik Bhardwaj LawRato · Accepted Answer · 2026-05-03T21:31:05+05:30

Answer #5

You don’t have much choice if you’re living for quite some time. Even if you are PR or not. Protect your assets at any cost. Join proceeding avoid Ex parte and consult with a counsel in US as well as in India.

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Adv. Kartik Bhardwaj Adv. Kartik Bhardwaj

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