What to do to prevent ex-part divorce.

[richa]

Hi


Please let me know if USA Foriegn divorce Decree is valid under these circumstances:

1.The Bride and groom gets married in India , traditionally in 2002 may( not registered marriage).Both Indian Citizen, Husband has USA Green card.

2,They reach usa and then gets married again in october 2002 in nevada.

3.They stay in USA as husband wife till feb 2006.

4.Then husband force wife to leave the 6 month old child and wife to leave the country .

5.The wife and child reaches India, stays in India matrinonial home for few days and finally husband visits India in June and abonden wife and child in India in July 2006.

6.Then in Feb 2008 after obtaining the US citizenship he send divorce papers from USA to india.

The wife has no sources or visa to fight the divorce case in CA, USA.

If the husband gets ex-parte Divorce decree from USA ,will it be valid in India? As the marriage took place first in India but there was no certificate and usa marriage took place 5 months later but has nevada court certificate. Which country court has juridiction for granting divorce if wife and child are in India.



The divorce decree has not been granted yet by usa courts.Iwas served through registered post in India , though my security gaurd took papers and he signed. I did not signed anything.My husband attorney submitted the proof of service in the court.and afterwords my Indian attorney sent a letter to the court stating all the facts and asking for dismissal but it seemsthe letter has not been acknowledged as it was not in proper court proceedure.


If i file for divorce in India and serve papers on my husband as he is in India currently, will it help?

Let me know