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Author Topic: Repercussions of annulment in U.S. after forced marriage in India  (Read 790 times)

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Offline matree2013

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Dear Lawyer,

I had expressed my decision to call off the marriage 4 weeks prior (have messages proving the same) to the wedding date but I had to get married in India under the threat/duress from girl's family. I am a U.S. citizen so I filed for annulment in the local court. I finally got the annulment last week based on the fact that the there was a threat of violence and death if the marriage didn't take place. The defendant was officially served (she is in the States on H1-B and she personally signed for the delivery of the complaint/summons) with the annulment complaint but she chose not to respond within the set time frame of 35 days and didn't even show up during the default hearing.

Can you please help me with the following questions and advise me on the next steps?

Will this judgment be valid in India?
Will there be any problems if I were to remarry in India or U.S.?
Can her family take any legal action from here on in India or U.S.?

Appreciate your help in advance!

Offline advjaibansal

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Re: Repercussions of annulment in U.S. after forced marriage in India
« Reply #1 on: June 29, 2016, 03:11:20 AM »
Dear Sir,

Courts have different views on your peculiar facts and circumstances of the case. As wife was in USA but she chooses not to context the case in USA and was duly served, some courts may take this divorce valid and some not. If we look at section 13 of CPC then the divorce order from USA court may not be valid. Its a grey area of law, where no final conclusion can be reached unless there is some order from the court.

jai bansal
Advocate, New Delhi
Supreme Court of India
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