Married in India and Contested Divorce in USA

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Old Jun 23rd, 2012, 06:03 PM   #1
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Lightbulb Married in India and Contested Divorce in USA

I got married in India and came to US along with wife. She just left me and went to her relatives to do her Masters though I requested her to stay with me and pursue Masters. I applied for Divorce in CA and she replied asking for money during Divorce case. As per CA law, Judge gave her Spousal support and community property. It was contested Divorce and both parties were presented. In the final decree she is not signing and we are proceeding with Judges signature.

I am paid her spousal support and others.

My question: Can she challenge going back to India.??
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Old Jun 23rd, 2012, 06:15 PM   #2
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Default Re: Married in India and Contested Divorce in USA

I wish to inform you that under the provisions of Section 13 of the Civil Procedure Code in India, a foreign judgment is not conclusive as to any matter thereby “directly adjudicated upon” between the parties if -
it has not been pronounced by a Court of competent jurisdiction; or it has not been given on the merits of the case; or it is founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; or the proceedings are opposed to natural justice, or it is obtained by fraud, or it sustains a claim founded on a breach of any law in force in India. A foreign judgment will be conclusive in India if it complies with all the stated conditions in Section 13 of the Civil Procedure Code in India. A decree of a foreign Court is normally recognised by a Court in another jurisdiction as a matter of comity and public policy.

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Old Jun 23rd, 2012, 08:38 PM   #3
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Default Re: Married in India and Contested Divorce in USA

Thanks for the reply. We both were present in Court trail and my divorce stipulated document says :

The court made the following Orders:
A. That Petitioner and Respondent are nationals of India and married according to Hindu form of Marriage under the Hindu Marriage Act of 1955;
B. That the court has jurisdiction over both Respondent and Petitioner (although nationals of India) as they have each fulfilled the residency requirements of the State of California.

Please let me know still if she can contest.
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Old Jun 24th, 2012, 09:03 AM   #4
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Default Re: Married in India and Contested Divorce in USA

As long as the divorce was granted regularly in California, which means complies with California law, then the divorce will be recognized in India.

Contested, she was granted support and community property which she took, right? She did not appeal the final decree, did she?

In a divorce, it is the judge's signing the final order/decree that counts. The parties only sign when it is an agreed settlement. Her signature is not needed nor appropriate on the decree of divorce. That is for the judge only to sign.

One can contest anything. But it should be thrown out for India will give comity to the U.S. decree.
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Old Jun 24th, 2012, 08:07 PM   #5
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Default Re: Married in India and Contested Divorce in USA

Thanks for the reply. yes she is taken money...
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Old Jun 29th, 2012, 06:48 PM   #6
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Default Re: Married in India and Contested Divorce in USA

Hi canufind96
my friend is in same situation and it looks like his wife wanted a divorce just for money as she did it only after he bought a house in both their name.
If you can share your experience and advice about what would be the safe and best way to settle the divorce money that would be great.
Also I wanted to know Since she has sent the lawyer notice for divorce in Connecticut,USA can she even file for divorce in India at the same time?
Please advice.
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Old Jun 30th, 2012, 02:43 AM   #7
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Default Re: Married in India and Contested Divorce in USA

Sure.. If you wife is does not want to stay with you and applying for Divorce, better get rid of her... If it regards to money, if you want to contest your divorce, you need to share property or money based on your state laws. If you want out of court settlement that is also fine.. As per you your wife is filing and its good for you where she will not file case in India.. If you want to fight in India and if you think its cheap and if you are ready to face dowry case ( thats the ultimate thing all women do now a days) , once she files in US you can ask US judge that your marriage happened in India and want to take case in India , he considers and ask you both to file case in India.

If you dont want headache and want safe Divorce , US is best and only think you may loose money.. its your call.

I believe you wife will not file case in India.. any questions contact me @ canufind96AtYahoodotcom
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Old Jun 30th, 2012, 11:37 AM   #8
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Quote:
Originally Posted by congo View Post
Hi canufind96
my friend is in same situation and it looks like his wife wanted a divorce just for money as she did it only after he bought a house in both their name.
If you can share your experience and advice about what would be the safe and best way to settle the divorce money that would be great.
Also I wanted to know Since she has sent the lawyer notice for divorce in Connecticut,USA can she even file for divorce in India at the same time?
Please advice.

It is not uncommon for people who have in two states or countries to petition for divorce in each -- just to be assured the divorce will be recognized in both jurisdictions.

Apparently the divorce is decided and final decree entered here in the U.S.
If you do not reply to any proceedings in India, they cannot gain personal jurisdiction over you to make any personal orders, e.g. property and support -- only disolve the marriage.
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