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Married in India, Divorced in USA
11-May-2023 (In Family Law)
Hi,
I got married in India(in Chennai) 4 yrs back under the Hindu Marriage Act and we lived in USA. I moved out and separated from my wife 2 years back. I filed for divorce in USA last year. My spouse was served with divorce papers through a process server with proof of service but she never appeared in court. The court finalized my divorce in Dec 2019 by 'default' - without respondent appearing. Reason was "irreconcilable differences".
My wife has filed a petition in India asking the court for "restitution of conjugal rights" without mentioning divorce proceedings in USA. She has NOT accused me of dowry harassment or physical abuse in her petition.
My questions are the following :
1. What is the best course of action for me? Should I respond to her petition or just ignore it? what are the pros and cons?
2. What if I get married in USA based on divorce obtained in USA? Is it a criminal offence in India? what are my options?
I sincerely appreciate your feedback here. thanks!
Section 44A (1) of the CPC states that where a certified copy of a decree of any superior court of a reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court (meaning that the entire scheme of execution of decrees as laid down in
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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foreign judgements are valid in India. Kidhar appeared for the divorce case here in India in person or via advocate and submit your judgement as a foreign order. contact me for details. send the case details in Indian Court
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Adv. Sathya Narayanan Subramanian
Coimbatore | 200+ Answers
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No it’s not acceptable
Under the well said provisions of Indian law., a divorce granted is valid
Otherwise no decree of divorce is acceptable under Indian law
Moreover such orders passed outside India are not ratifiable also
Under the well said provisions of Indian law., a divorce granted is valid
Otherwise no decree of divorce is acceptable under Indian law
Moreover such orders passed outside India are not ratifiable also
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Adv. Shankar Ganesh Rajendran
Coimbatore | 100+ Answers
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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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