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Marriage in India and Divorce in USA

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I am on F1 visa to usa for last 2 years and my wife is on F2 visa (dependent) with me in colorado, We got marrige 6 month ago in India and registered it there, I feel this marrige is a mismatch. I want divorce, and if i will file divorce in India, my in-laws may give hard time to my parents. So my quetionis are:
- Can I file divorce/sepration here in USA ?
- will it be valid in India?

Hello,

I am a Permanent Resident (Green Card holder) in the US. I got married to my wife in India about 6 years back. We have to come to a point where we want to mutually seperate. We know we dont want to create any hardships for either of us.

Can I get a divorce in the US (even though our marriage was registered in India) and will the divorce be valid in India? We would like to avoid going through the divorce process in India due to many circumstances.

What are my options? I appreciate your comments

Hi

I am married for last 4 years and we have a kid who is 3. We both got married in India and we are both still Indian Citizen. Our daughter is a US citizen. My Green card processing is under it's way. Can I get a divorce from US or should I go to India to get it. Please help me with the procedures.

thanks

Rahul

Hello Sir,

Let me describe my situation. I live in USA, working as system admin.

In 2005 I went to India to find bride. I was registered on matrimonial site, and came across a girl. My family and girl’s family met and did engagement with girl. I came to US and went back to India after one month and got married and registered marriage in India.

We lived together for 10 day in India, we discovered that both of us have no intimacy and attraction towards each other and could have sex only once with great compromise. I thought things will be all right over a period of time.

I came to US and arranged her visa and ticket in two months. She came to US and lived in US for five weeks and both of us still could not develop intimacy and never had sex. We decided to be separated and she came to India.

It has been more than 1year and three months. They mentioned that they are filing for divorce, but nothing is done. I requested that let me file from USA, they refused to provide required documents.

Girl’s brother and mother take decision on Girl’s behalf. What can I do to get the divorce?

Can they ask for maintenance? I did not get marital privileges and I guess I have right to break the marriage. Girl is Graduate with specialization and was working before marriage.

My marriage has caused such a trauma to me that I do not feel to get married again.

Please advice.

Thanks,
Amar


You may file for an annulment in India on the grounds of incompatibility.

You may also file for an annulment or divorce in the States. Each state has its own laws that you may need to find out.

mod.

Hi Raj-

1. were you married in India under Hindu Marriage Act?
2. were you and your wife citizens of India at the time of marriage.

If answers to both is yes, most likely your divorce would be null and void even if you go all the way upto Supreme Court of India.
It is a Supreme Court of India law.

If your divorce was no-fault, non-mutually agreed, it would always be null and void in India.

You can contact me for more details(FREE- I AM NOT A LAWYER :-).
You can contact me

Best option for you is to seek divorce at the place of marriage or at the place of your spouse's last residence in India.

Which Court (which city)in India declared your marriage as null and void?
Is it at the place of your marriage or at the place of your spouse's last residence.

I as married 5 years ago in India and registered my amrriage there. I am in USA since the past 5 years. Can I file for divorce in USA?

I am a US Citizen residing in the US who married an Indian Citizen in India 3 months ago. She is in India and I am in the US.

Soon after the marriage I realized that she wanted to marry me only for the Green Card. Can I file for divorce in the US? If she does not cooperate, what are the implications? Can I get I divorce without her presence in the US if she does not cooperate?

If you feel foul play dont file any papers with the authority. You should consult with a law professional even though you can get a divorce in the States without her presence. If you have not filed anywhere your marriage record you should settle with her amicably.

mod.

Iam an indian citizen married to usa citizen, in india,in march 2005. He feels that im not right for him.we were together for two months. I want a divorce but did not get our marriage registered. He is in USA and I am In India? What best I can do to get out of the relationship? He does not want to come here to sign th papers.

hello sir
i am an indian citizen married to usa citizen, in india, few months back, she had filled a petition to bring me to usa, but now she feels that im not right for her, as she needs a very rich husband.can she take one sided divorce or sepration in usa without my willingness.im not in favour of divorce.
what can i do in this situation.

If the marriage is registered in India and there is no legal issue involved, she has rights to file or not file as for general information, marrying a USA citizen does not repeat DOES NOT give a right to US citizenship.

It is subject to a long process and absolute authentic marriage with mutual consent and despite that an application for spouse's visa can be denied.

In other words even if the US citizen marries a foreign citizen, it is not any guarantee that foreign citizen will have any rights to immigrate.

This is absolutely as per the updated USA laws.

editor

I got married in India and divorced in USA and looking to hire an effective attorney in India to validate dovorce, can anyone refer a good attorney in india, my divorce was declared null and void by lower court in india, so looking for a good attorney in high court to help validate the divorce

Thanks for your timley help.

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