CASELAW

Anjali Chadha v. Navjot Singh Chadha (2021) : In this case, the New York Supreme Court ruled that a New York court has jurisdiction to decide the divorce of an American-Indian couple who were married in India, even if the husband has not been served with divorce papers in New York. The court held that the wife had established personal jurisdiction over the husband because he had visited New York on multiple occasions after the separation.

• ILLUSTRATION
  A is an American student and B is a Indian student both studying in India and fell in love and planned to get married. After marriage A went to America for work and B was waiting for her spousal visa while this period A had a affair with a girl C in America and after 2 months B came to know about A’s affair and applied for divorce and due to the marriage being done in Indian tradition and divorce jurisdiction came to Indian court and compensation was given to B for the marriage expenses.
  As it was earlier divorce ad A and B didn’t have any sexual intercourse after the marriage and only been in touch with technological support B was given a compensation and re married another person.
• ILLUSTRATION
  An American citizen is married to a Indian wife B for 4 years and after a period the wife B suffered some medical illness due to traditional and societal pressure which affected the normal life of the couples and they both consulted the doctor and after consultation the husband A wants to dissolve the marriage as it was affecting the normal life of both the couples and the court held that they can dissolve the marriage.
  This judgement was given only because the wife B was suffering a mental illness for a long time and needs regular medical treatment and the court after long investigation ordered the husband A to give maintenance and treatment charges to be paid for wife’s treatment and dissolved the marriage.
  In case there was a child in custody to be taken, then A will be given custody because B is unwell to take care of the child and visiting periods will be given to B for seeing her child.
• ILLUSTRATION
  A and B are an American and Indian couple who got married four years ago. They have been living together in the United States, but recently, A has been harassing B. He has been calling her names, belittling her, and threatening her. He has also been physically abusive on several occasions. B has tried to talk to A about his behavior, but he has refused to change. She is afraid of him, and she does not know what to do. She has considered leaving him, but she is worried about what he will do if she does.
  B filed a police complaint and the court dissolved the marriage by restraining the husband from coming in contact with B and gave punishment for husband A as well.
• ILLUSTRATION
  A young Indian woman falls in love with an American man B. They get married in the United States and live there for a few years. However, when A’s parents fall ill, she wants to return to India to care for them. B is reluctant to leave his job and home in the United States, and the couple begins to argue about where to live.
  This is a commonly arising cross border dispute and it can be resolved by B agreeing to go to India and live there until A’s parents are well enough or making A’s parents to come to America which is not recommendable.

CASELAW

Satya v. Teja Singh (2006) : In this case, the Supreme Court of India ruled that a foreign divorce decree will not be recognized in India if it was granted on a ground that is not recognized under Indian law. The court held that the foreign court must have jurisdiction over the parties and the subject matter of the divorce, and that the divorce must have been granted on a ground that is recognized under Indian law.

• ILLUSTRATION
  An Indian woman A marries an American man B. They live in the United States for a few years, but A is denied a green card. She is forced to return to India, while B stays in the United States. They are separated for years, and B and A had affairs in their own countries and as a result they got divorced and for maintenance case was filed by A and the jurisdiction of the court to hold the case will eventually comes to the jurisdiction of the court where they married and in what culture the couples got married.
  It is advisable to get a cross border advocate for such complicated issues and even the lifestyle and money values greatly differs for both countries it needs a correct judgment.
• ILLUSTRATION
  ‍A is an American citizen who marries B, an Indian citizen. B is physically abusive towards A.    A tries to leave the marriage, but B threatens to harm them or their family if they do. A is eventually able to escape and get divorced, but the experience leaves them traumatized.
  In this situation it is advisable to get maintenance from the person and as well as appoint a legal representative for further rights and liabilities.
• ILLUSTRATION
  A is an Indian citizen who marries B, an American citizen. They move to India to start a new life together. However, A's family and friends are not supportive of the marriage. They pressure A to get a divorce and remarry someone from their own culture. As a result, A feels torn between their family and their spouse. Eventually, they decide to get a divorce.
  A common problem arising all around India and it is a fundamental right of a person to right to choose. It is a long procedure and needs concern from both families and incase of independent marriage the couples need to get a consultation and after the proceedings if they are willing to get divorced they will be given.