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Is Califrornia(USA) EX-Party divorce valid in india?
22-May-2023 (In Divorce Law)
I am staying in India and my spouse(wife) is doing job in USA and staying with two kids from 3 years. She files ex- party divorce and served me couple of notices as well. Now in Oct-2000 court has given Judgement with Dissolution- status only.
In Judgement it mentioned that we need to divide properties 50-50%
We have three properties in India two are joint and one property on my name .
As per judgement wife will keep children's custody and property division 50-50%. I am fine with child custody but not OK with 50-50 property division. Now we are mutually agree with some property division terms.
Now we would like to divide property with mutual agreement. My question is , is EX party divorce valid in India so I will not face nay problem in future and in that case how can we divide property based on Mutual agreement.
We would resolved all matter peacefully. Your advice here truly appreciated.
hi
the foreign decree of divorce is to be seen carefully whether it is decided on merits or not.
it is also pertinent that the ground for divorce taken and granted are equivalent to Indian laws
it is also important that other side is given fair chance to fight his case
in your case, ex parte decree of divorce cannot be said to be obtained in merits therefore not applicable in India.
it is therefore adviced the you should both get legally separated by mutual consent divorce before the Indian court to validate your divorce peacefully.
Helpful?
Adv. Rohit Shaligram
Pune | 5+ Answers
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yes the divorce is valid all across the world bit u need to only have the copy of the order with you if you want to get married in near future to prove that you are divorce and property dividend resolving is to make an agreement accordingly and get the matter closed
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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Yes, you can divide the properties with mutual consent but the draft should be drafted in a way that it covers the ex - parte Order passed in US.
You both should make a consent term and transfer the properties accordingly...
Yes ex parte order is valid till the time you challenge the same as per settled law there...
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Adv. Ruchi Singh
Navi Mumbai | 100+ Answers
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Yes, if both of mutually agree you can always execute fresh documents dividing your properties accordingly. If you want to live together as husband and wife, you can remarry instead of challenging that judgement which we be a costly affair.
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Adv. Toni Sachdevani
Thane | 25+ Answers
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