Divorce Suit
5 years ago
My son got married in 2010 which was registered Under Special Marriage Act-1954 in a court at Bhubaneswar as my son and his bride to be were working there. Later they were transferred to Bangalore. Again the girl was sent on site to USA in 2014 and my son was sent to USA in 2015. Some problems cropped up between them and in 2017 the girl wanted 'divorce' and filed a suit there which my son did not contest. They have no issue. Divorce was granted by the court on the ground of 'insupportability' with no obligation to either parties whatsoever. Now both of them are staying in USA separately.
Q.1. Is the divorce valid in India also?
2. If not what further action is to be taken in India? I'm told that 'insupportability' is not considered a valid ground for divorce under SM Act-1954.
3. a) If a further suit is to be filed, where it should be filed, Bhubaneswas/ Bangalore/ Calcutta ?
b) For filing a new suit single or mutual, is presence of both the parties required during filing of the suit?
Ashutosh & Co
Responded 5 years ago