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 12:38:11 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
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 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.
2007-07-18 14:25:21 · answer #1 · answered by vijay m Indian Lawyer 7 · 2⤊ 0⤋
Yes the divorce is legal in India but you have to come down here and cancel the registration first. Its a simple process considering the fact that you are already divorced. Just submit all the papers and that should be it.
2007-07-18 19:03:21 · answer #2 · answered by Anonymous · 0⤊ 1⤋
replaced into ur marriage civil or religious? have been you married under Christian or Muslim rites? If I have been the husband, and discover that i ought to benefit monetarily or psychologically, i might contest the US court docket verdict on 2 grounds: i. desertion ii. conspiracy to disclaim me justice by ability of instituting legal lawsuits interior the States, understanding ok that i does not have the capacity to have the money for the price, My Lord. Caveat! i'm not a lawyer.
2016-10-21 23:36:37 · answer #3 · answered by frasier 4 · 0⤊ 0⤋
now you are free to do anything. u can go for another marriage and then get divorce and marry and so on-----
2007-07-18 18:21:11 · answer #4 · answered by bhups 5 · 0⤊ 1⤋
Marry again there is no limit.
2007-07-18 12:47:01 · answer #5 · answered by A.G.Pillai 4 · 0⤊ 0⤋