Blog, stories and articles on personal issues and challenges faced by South Asians and Non Resident Indians (NRIs)

Query on Indians divorcing in the US

Q: I got married in 2001 and came to USA. I have been suffering mental and physical torture and have finally decided to file for divorce. I want to file for divorce in the US but my husband is not agreeable to that. So if I file for divorce in USA can my husband also file a simultaneous divorce case in India? …. Snigdha

A: Dear Snigdha, You can only take shelter under the Indian Matrimonial Laws since you are a Indian national and also that you have got married in India. You can file the petition for obtaining divorce on the grounds of mental cruelty under section 13 1 (id) of the Hindu Marriage Act or under section 27 (d) of the Special Marriage Act depending upon your Marriage registration only in India. You can also apply for the compensation and maintenance. - Decree or order obtained from a foreign court cannot be a valid divorce in INDIA. With regards your query you need to file the your papers in the appropriate jurisdiction of
your place of Marriage to the Matrimonial forum only in India. …..
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