Legal Question in Family Law in Michigan
International validity of a judgment
I would like to know, if the marriage was held in a foreign country - India and was annulled by a court in US.
1) Is the judgment valid in India without further litigation ? (Defendant had contested the case, but failed to change the default)
2) If not, what is the procedure for nullifying / cancelling the certificate in India ?
3) Does your office handle such cases ?
(Both parties still in US)
2 Answers from Attorneys
Re: International validity of a judgment
It depends. What type of marriage ceremony? Civil, customary, Hindu, Moslem, etc. We would need to see the documents as well as the dower and dowery agreements if such exist.
Yes, our office does handle such cases.
Henry J. Legere, Jr.
Sheikh & Associates, P.C.
35 Crocker Blvd.
Re: International validity of a judgment
You must consult an attorney knowledgeable about Indian law to answer these questions, because there are issues of jurisdiction which probably will require a multi-part analysis (factors such as whether the annulment comprots with Indian law, whether it purports to divide property in India, whether there is "reciprocity" of judgments, etc.) before an Indian court will respect foreign annulment of a legal Indian marriage. I suspect it's not that easy.
Of course, IF both parties are American citizens, that probably simplifies things a great deal, as a US court will usually have jurisdiction to annul a marriage between two US citizens (providing it can assume jurisdiction depending upon state law).
Regina Brice
Brice Law Offices
2232 S. Main Street #364
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