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Wife Got ex parte decree Divorce in USA courts.
18-Jun-2023 (In Divorce Law)
My Wife on H1B, along with my 14 year only son living in USA DC area from 4 years, she applied for divorce and got exparte decree. i was shuttling, India and USA for 3 years. for every 3 months till last july 17.2021. nI am in India i tried many ways requesting her to come back to india even after she got divorce in usa(Mail proofs). no response from her, on behalf of her her father registered a complaint in PS with these sections. - 326, 354, 420, 498-A, 306, 307 r/w 34 IPC, 156(3) corps 3,4 DPA. (waiting for my anticipatory bail)nmy question: n1. Can i Remarry again in india, as she herself applied and got divorce in usa. (have received court copies from USA courts)n2. can i remarry when the above cases are there and can i fight them? (all baseless cases).3. if i remarry now will there be any chance for them to put additional cases on me on my new marriage?.4. since she is in H1B, and after 18 years my son has to come back to india for visa, can i put child custody case?
Dear Sir,
You have many questions as such it is better to consult the lawyer in person with documents. The validity of decree passed by Foreign Court depends upon two factors that is whether you have given consent for such divorce if not it is not binding on you. However, if you accept the same you can remarry but after remarriage you may not get child custody.
You have many questions as such it is better to consult the lawyer in person with documents. The validity of decree passed by Foreign Court depends upon two factors that is whether you have given consent for such divorce if not it is not binding on you. However, if you accept the same you can remarry but after remarriage you may not get child custody.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Regarding above subject matter, The judgment of US court is final. You do not require any validation of your divorce from an Indian court. As a corollary thereto, you are free to remarry. and Both of you can file a divorce in USA . the decree awarded by the US courts are valid in india. However indian law does not permit ex-parte decree's. In order.
further information please contact me
further information please contact me
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Adv. Vijayalaxmi Patil
Gulbarga | 25+ Answers
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