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Uncontested no Fault Divorce valid In India?


27-Feb-2023 (In Divorce Law)
Hi, I am currently on India fearing to go back to USA and stay in the house with my wife. She is emotionally charged and I fear she would initiate no fault divorce which would not need participation to get her a divorce. We got married in India a decade ago and our marriage is registered in India 1. If she serves me papers and I do not appear in the US court, though I reside in US - a divorce obtained in this case, would it be valid in India? 2. If she serves me divorce papers and I oppose it in US saying that I would fight the case in India per Hindu marriage act. Nevertheless the court still grants her divorce - would this be valid in India? 3. Would the no-fault divorce which is not of mutual consent nature ( like pt 1&2), have any bearing on the distribution of the property in India. Could she claim my property? 4. Would the no-fault divorce which is not of mutual consent nature ( like pt 1&2) - have bearing onchild custody? 5. Could I initiate divorce proceedings against her e
Answers (4)

Answer #1
331 votes

If your wife serves you divorce papers in the U.S. and you do not appear in the U.S. court, it is possible that the court could grant her a divorce based on her petition. However, whether this divorce would be recognized and valid in India depends on Indian laws and the specific circumstances of your case. Indian courts generally recognize foreign divorces if they are granted by a court having jurisdiction over the matter, and if the divorce is granted on grounds that are recognized in India.

If you oppose the divorce in the U.S. court and express your intent to fight the case in India under the Hindu Marriage Act, it may impact the U.S. court's decision. However, whether the divorce granted by the U.S. court would be recognized in India depends on Indian laws and the specific circumstances of your case.�

The distribution of property in the event of uncontested divorce in India is governed by Indian laws. In a no-fault divorce, property distribution is typically determined based on the laws of the jurisdiction where the divorce is granted. However, if the divorce is recognized in India, Indian courts may consider the distribution of property based on Indian laws.�

Child custody matters are typically governed by the laws of the jurisdiction where the divorce is granted. If the divorce is recognized in India, Indian courts would generally have the authority to make decisions regarding child custody.�

Yes, you can initiate divorce proceedings against your wife.

It's crucial to consult with a qualified attorney who has expertise in family law and is familiar with both Indian and U.S. laws. They will be able to provide you with accurate advice based on your specific situation.


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Answer #2
648 votes
Dear Sir,
Better you file a divorce case in Family Court in India and try to get divorce. The Foriegn Divorce decrees are legal in India only if both spouses surrender before that Court. Thus, your wife cannot get a decree against you without your consent.
Answer #3
858 votes
If she gets no fault divorce India, its valid unless you contest in Indian Court.

In no fault divorce there is chance of she getting order against you related to property ans Custody of child.

Its best you initiate procedings agaist her india and take control of the process.

Answer #4
371 votes
The Hindu Marriage Act Section 13b allows for a no-fault divorce. The family court will set a date to hear the first motion for no-fault divorcing. The couple must appear in court and give their statements. These are recorded to be used later.
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