Legal Question in Criminal Law in India

divorce case in two different country

Hi,

Can i lodge 498a against my husband for filing divorce in US on the ground of irreconcible differences?At the same time he has also filed for divorce in india.Can he file for divorce in two different country on two different ground?His divorce case on the ground of irreconcible difference in US pending at the same time he has also filed for divorce in india.Can he continue divorce case in two different country in two different ground?Is there way out by which i can ask him to withdraw his divorce petitoin in US and continue his divorce petition in india?


Asked on 2/27/09, 11:55 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce case in two different country

(1) You may file a criminal complaint against him for cruelty and domestic violence u/ss 498-A IPC r.w. the D.V.A.

(2)You may oppose the divorce filed in India; and in your reply you may seek to challenge the proceedings in USA being null and void;

(3) You may also file a separate suit seeking declaration that the proceedings in USA are null and void and inoperative qua your rights.

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Answered on 2/28/09, 1:14 am
Pranav Desai PD Legal & Associates

Re: divorce case in two different country

Yes, since USA is not a reciprocating country for the order of the Indian courts. Therefore, the order passed by Indian courts cannot be made applicable to the courts in USA.

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Answered on 3/01/09, 12:26 am
Shrichand Nahar S.V.Nahar, Advocate

Re: divorce case in two different country

Filing of Divorce Petition is not a ground to initiate 498A case.

Apply to the US Courts with reference to divorce petition there.

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Answered on 2/28/09, 12:14 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorce case in two different country

all depends on full details (Facts) of your case.whether the court in US has juridiction or not is to be seen.

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Answered on 2/28/09, 12:33 am


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