Legal Question in Family Law in India

Recognition of no-fault divorce

Are no fault divorces from USA recognized in India?I understand that the ground for divorce must be one available under the hindu marriage act.''marriage irretrievably broken'' is the clause used for the reason for divorce.one spouse is contesting the divorce.Both are on H1B visa.

also,does private international law apply to them and can the respondent challenge the us court's jurisdiction as HMA does not recognize no-fault divorces?


Asked on 6/13/04, 6:05 pm

1 Answer from Attorneys
Prabhat Shroff Shroff & Company

Re: Recognition of no-fault divorce

You are right when you say that under the Indian Law, there is no concept of a "no fault" divorce. However, a foreign divorce decree is duly enforceable in India, and can be sustained if if there is a challenge.

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Answered on 6/14/04, 5:19 am


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