Hi,
I got married in India and its been registered in India. I got divorce in USA, after 8 months of marriage. I was the petitioner and judgment was default, as he did not respond to any of my petions/summons. I have all the documents and proof of service to my summons/petitions. I have had served all the required documents and filed them all at local court. Now I got the default divorce judgment. The reason for divorce in petition was incredible differences, but the reason was that he was a abuser, he abused me physically and mentally for all over the period of 8 months during the marriage. I do have the copy of police record where he accepted his fault. Now is this divorce legal in India? Do I need to any thing more? Please advice. Thanks.
2007-07-18 12:37:10 · 7 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Yes it is valid in India. As you state that he was severed with the notice of this divorce petition which he never defended & it went in default, he cannot challenge this decree of divorce on any of the conditions as mentioned under section 13 of the Civil Procedure Code, specially one which says that the decree of divorce was taken by fraud, as in you can the question of fraud doesn't arise as the proper notice for divorce petition were served on him & if he had defended it or objected it then he & still by any ways you got this decree of divorce using fraudulent methods he definitely could challenge this decree of divorce in India not otherwise if this decree has be passed by court of proper/competent jurisdiction, it is not based on incorrect view of International or a refusal to recognize the law of [India] in cases in which such law is applicable
, it is not based on infringement of principle of natural justice, it is based on the merits of the case, & it is not against any law in force in India. As what I can see none of these conditions are being infringed in your case & based on the provisions of section 13 CPC & principle laid down by the Supreme Court of India this is a legal & valid decree of divorce in India. No you don't need any thing more to be done in this case.
2007-07-18 14:24:02 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
Was ur marriage civil or religious? Were you married under Christian or Muslim rites?
If I were the husband, and find that I could gain monetarily or psychologically, I would contest the US court verdict on two grounds:
i. desertion
ii. conspiracy to deny me justice by instituting legal proceedings in the States, knowing very well that I would not be able to afford the expense, My Lord.
Caveat! I am not a lawyer.
2007-07-22 08:21:11 · answer #2 · answered by penjoy 3 · 0⤊ 0⤋
If you are going to continue in USA this legal certificate is more than enough. If you are going to continue in India, you can register a complaint in a Local police station where you are going to stay and apply through one lawyer in Indian Court for the legal certificate based on US certificate . It is possible. All the best for your new life. Yours VRVRAO
2007-07-18 13:51:47 · answer #3 · answered by Raghavendra R 5 · 0⤊ 0⤋
Yes it is valid in india take your divorce judgement doc. and u should register your divorce in india.
Go to register off. or meet a loyer
Actually its not important to be valid if u r going to marry a nother person in USA
2007-07-19 01:31:39 · answer #4 · answered by riana 1 · 0⤊ 0⤋
Bring the divorce papres to an Indian family law attorney and seek his advice.
You should be sure of everything.
2007-07-20 23:52:27 · answer #5 · answered by feysunny 4 · 0⤊ 0⤋
It is legal in India as per long winded Lawer above
2007-07-18 20:35:06 · answer #6 · answered by nice guy 4 · 0⤊ 0⤋
It sounds to me that you need to speak to a lawyer. I don't think anyone on this site will be able to help you. I do have to say I'm happy to hear that you dumpped the sh**thead... what a looser..
2007-07-18 12:43:09 · answer #7 · answered by diablo 6 · 0⤊ 0⤋