Procedure to file for divorced when marriage took place in california

637 votes

You may file a divorce can in India only of either if the party is resident of India otherwise US court would have jurisdiction. You can file the divorce case in US without any problem as per your wish.

Advocate Pankaj Kumar LawRato

811 votes

Dear sir as per Hindu marriage act the suit for divorce shall be presented within a jurisdiction where 1) the marriage was solemnised, 2) the parties to the marriage last resided together where you can choose either one of them

Advocate Ajay Garg LawRato

508 votes

Your friend can file in US as well as in India. If he files in US, the divorce decree passed by the US Court will be enforceable in India u/s 13 of the Civil Procedure Code. He will have to seek execution of that decree. If he files in India, he can file the same (a) at the place where marriage took place or (b) where parties resided together for the last time. Since Hindu Marriage Act, 1955 is a special law it is applicable to any Indian Hindu living in any part of the world. However, the marriage has to be performed in India.

Advocate Kushagra Pandey LawRato

691 votes

The jurisdiction for filing divorce can be the following places as per Indian Law applicable :
1. The Place where the marriage was solemnised and registered. In your case If marriage was solemnised in India, then you can file in India and because it was registered in California, you can file in California as well.
2. The Place where the couple have lastly resided together before being separated. In your case the place is not mentioned.
3. The place where the wife is residing at present after being separated and has proof of residence in the jurisdiction of that concerned family court in India.
4. If both the party has a matrimonial home in India and if they had last lived together before proceeding to USA after marriage and returned to the matrimonial house in India and separated thereafter. You can file in India.
Please consult a skillful lawyer to explain jurisdiction at the time of filing the suit. Further you have not stated if both the party would prefer divorce by mutual consent or it will be contested.
As the indian court will require presence of your son on date of hearing, you may need his power of attorney in the name of father, mother or brother or sister or any other blood relative who can be present in the Court on his behalf.
You can contact me if it is matter which you would like to be resolved in New Delhi or SFO / Bay Area / San Jose.

Advocate Kumud Shekhar LawRato

980 votes

Dear Greetings, Where did they got married whether in India or US?
Its great both are Hindus. Only he wants to pursue for divorce or both want to dissolve the marriage mutually.
So need these answers to further clear your queries.
Regards

Advocate Amit Wahi LawRato