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    queenfull's Avatar
    queenfull Posts: 6, Reputation: 1
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    #1

    Apr 23, 2010, 06:19 PM
    NRI Divorce US-India Confusion
    Hi Sir/Ma'am,

    Both my husband and me live in CA,US but are from AP, India.

    There are a lot of issues during the marriage, that my husband is not willing to forgive, and expects me to be very subservient and be guilty for all the mistakes he thinks my parents have done. Those mistakes/issues are like: (for an idea)
    - My dad forgetting a small amount of jewellery for my husband
    - Relatives rumours about my salary being higher, etc. (not true)
    Though I consider these exist in all marriages, he feels extremely insulted, and wanted a solution. I kept on trying by making my parents tell sorry before elders, I doing whatever I can and so on, but he is not satisfied. Finally since I did not understand what he wants, I went to the rescue of elders in India.

    That is when my husband applied for divorce in US, even without consulting me. Since CA is a no-fault-marriage state, I am obliged to give him divorce now in US.

    Can you please let me know the options I have in India? Since in US, I had to continue with divorce proceedings, I am currently in those proceedings.

    Thank you very much in advance for reading and an attempt to resolve. I have not found anyone who could answer me because this has to do with two country laws.

    When the case is going on US, can I do anything in India? Once the case is over and divorce gets finalised, I guess I do not have any options in India either.

    Can you please let me know whatever you know about these kind of issues?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 23, 2010, 06:22 PM

    If your residence is in California he can divorce you in California. India is not involved. A US divorce is recognized in India.

    If it were reversed and you were divorced in India it would be recognized in the US.

    Is that your question?

    You do not have to "give" him a divorce - you can retain an Attorney and fight with him in Court.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Apr 23, 2010, 07:07 PM
    Quote Originally Posted by JudyKayTee View Post
    You do not have to "give" him a divorce - you can retain an Attorney and fight with him in Court.
    If he has started a divorce then your marriage is over. With no fault the only fighting left is for property but in the end you still get divorced.
    queenfull's Avatar
    queenfull Posts: 6, Reputation: 1
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    #4

    Apr 27, 2010, 05:24 PM

    Thank you califdadof3 and JudyKayTee.
    queenfull's Avatar
    queenfull Posts: 6, Reputation: 1
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    #5

    Apr 27, 2010, 05:24 PM

    Yes, I understand in California, we cannot fight, and hence wanted some options via Indian court. Can I go to India and apply for divorce ?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Apr 27, 2010, 05:31 PM
    Quote Originally Posted by queenfull View Post
    Yes, I understand in California, we cannot fight, and hence wanted some options via Indian court. Can I go to India and apply for divorce ?
    If you lived for at least 6 months in California then he has already started divorce proceedings so it can not be undone. California has jurisdiction.

    Are you of a part from India that doesn't allow divorce?
    queenfull's Avatar
    queenfull Posts: 6, Reputation: 1
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    #7

    Apr 27, 2010, 05:34 PM

    I am from south India. But throughout India, you cannot apply for divorce without a good reason - I think. (which he doesn't have). And thank you sir for prompt reply.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Apr 27, 2010, 05:38 PM

    If you would like to do some research on your own this is a good place to start for the California divorce laws.

    Ref:

    California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support
    queenfull's Avatar
    queenfull Posts: 6, Reputation: 1
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    #9

    Apr 27, 2010, 05:52 PM

    Thank you Sir
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