Uncontested no Fault Divorce valid In India?
27-Feb-2023 (In Divorce Law)
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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Is uncontested divorce valid in India?
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.
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.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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