Legal Question in Family Law in Illinois

Jurisdiction issue - marriage dissolution

Hello Attorney

Sub: Dissolution of Marriage

My Friend has been married for 10 years and filed divorce case on Feb 14th in Chennai, India (Place of Marriage) whereas his wife has filed a divorce case in ILLINOIS on Feb 18th. Both my friend and his wife are Indian citizens (Has Green card in USA) and got married in India on Jan 17, 1999. They have one daughter who is 8 yrs old (US Citizen).

Both my friend and his wife lived in Illinois after their marriage in India. Their marraige was held as per Hinudu rituals/customs.

The questions are:

1. Which court has Jurisdiction (Indian or US court)?

2. Can Indian court issue Restraining Order to US court since the case was filed first in Indian court?

3. Does Indian court has jurisdiction over the child (US Citizen) since the child is a product of the marriage? If not, can we trial divorce case in India and child custody in US?

4. Can the US court dismiss the case filed by wife since her husband first filed in India?


Asked on 5/06/09, 10:08 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Jurisdiction issue - marriage dissolution

This is way too complicated to answer on here. Proper jurisdiction depends on circumsstances. Was your friend residing in India at the time of the divorce filing? I imagine wife was already in Illinois at the time of filing, which Illinois merely requires being a resident for 90 days. if your friend is in Illinois, I think he'd have a hard time arguing it should be in India. I also imagine there is a treaty that governs this, of which I do not have knowledge about. Your friend is going to need to consult an attorney experienced with international divorce issues.

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Answered on 5/07/09, 8:25 pm


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