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Author Topic: Married in India under HMA divorced in USA is it valid  (Read 1239 times)

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Offline rockstar

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Married in India under HMA divorced in USA is it valid
« on: January 15, 2015, 10:06:50 PM »
We Got married in India Under Hindu marriage act, six years back, than both of us left for America for job.
last year we filed for mutual divorce and was granted the decree in America.

I want to know do we have to file for divorce in India again or can this decree be validated by Indian court

Offline advkartik

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American Mutual Divorce decree is invalid
« Reply #1 on: January 15, 2015, 10:08:42 PM »
the American Divorce decree is invalid, you have to file for Divorce in India again.

Offline rockstar

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Re: how is the American divorce decree invalid
« Reply #2 on: January 15, 2015, 10:10:41 PM »
Why and how is it invalid, it was passed by an American court

Offline advgaurav.sharma

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American court cannot validate your marriage certificate
« Reply #3 on: January 15, 2015, 10:15:42 PM »
Yes adv.kartik is right The American Decree is invalid.
Reason being this:

You where married under Hindu marriage Act - there is no Hindu marriage Act in America.

Now how can that American Court Validate your marriage? ask yourself

now to obtain a Divorce decree you have to first prove you are married.

Since you are married in India the American court is NOT competent to validate your marriage,

Hence it is not Competent to grant you a Divorce Decree either.

your decree is a waste paper, If you are not lying than you have a strong case in America.
Advocate Gaurav is a specialist in Trademark laws

Offline childcustody9

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Re: Married in India under HMA divorced in USA is it valid
« Reply #4 on: January 18, 2015, 11:54:51 PM »
First time visit on your forum really that was amazing information and topics and discussion. Thanks for sharing.

 

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