Legal Question in Family Law in India

Annulment in US, valid in India?

A girl and a boy got married in India. The boy filed for a an annulment and received the judgment in his favor. Both were Hindu Indian Citizens at the time of marriage as well as annulment.

Is this judgment (annulment) valid in an Indian court ?

Can the girl's family pursue any legal action on girl's behalf (in her absence in India) when the boy visits India.

How to protect, and handle threats (against legal actions / goondaism) from some family members on the girl's side? when the boy visits India?

How does the situation change, if the boy becomes a US citizen prior to visiting India?

Thanks you much for your helpful response(s). i


Asked on 5/03/04, 3:41 pm

2 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: Annulment in US, valid in India?

I presume the boy applied for and got the annulment order from a US Court. If that be so,the annulment order of US Court will be valid in India, provided it is retified by the Indian Court having jurisdiction.

The girl can, of course, contest the annulment.

There is no way one can take an action against apprehended actions, save to apply for and get an anticipatory bail, since the girl may file an action u/s498A of CrPC/IPC.

It does not make any difference if the boy gets US Citizenship in the meantime.

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Answered on 5/06/04, 2:26 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Annulment in US, valid in India?

From the statement of facts it is deduced that the Order of Annulment was passed by an US Court. Hence, the said judgment can be enforced in an Indian Court as it would be considered as a foreign judgment as per the relevant laws for the time being in force. However, before any action is contemplated it would be judicious to go thru the terms of the Judgment [Annulment Order].As far as the second part of ur querry is concerned it would be more appropriate if u can specify what sort of action u intend to take in the girls absense. As far as the US citizenship is concerned, it all boils down as to the date of the annulment order and the terms incorporated in the same.

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Answered on 5/04/04, 12:57 am


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