My sister and her husband are planning to get a divorce by mutual consent in the US. Will this divorce be recognized in India? She got married in Delhi and their marriage was registered in Noida. My parents live in Gurgaon. If she decides to file for divorce in India, where should she file the case? Can she also file a case here to get her dowry back even with a mutual consent divorce? Finally, can she claim a share in her husband’s family property in Noida after the divorce, especially if she doesn’t have any assets of her own?

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Law Forum › Category: Divorce › My sister and her husband are planning to get a divorce by mutual consent in the US. Will this divorce be recognized in India? She got married in Delhi and their marriage was registered in Noida. My parents live in Gurgaon. If she decides to file for divorce in India, where should she file the case? Can she also file a case here to get her dowry back even with a mutual consent divorce? Finally, can she claim a share in her husband’s family property in Noida after the divorce, especially if she doesn’t have any assets of her own?
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Apni Law Staff asked 1 year ago

My sister and her husband are planning to get a divorce by mutual consent in the US. Will this divorce be recognized in India? She got married in Delhi and their marriage was registered in Noida. My parents live in Gurgaon. If she decides to file for divorce in India, where should she file the case? Can she also file a case here to get her dowry back even with a mutual consent divorce? Finally, can she claim a share in her husband’s family property in Noida after the divorce, especially if she doesn’t have any assets of her own?

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Apni Law Staff answered 1 year ago

Yes, a US divorce by mutual consent will be recognized in India. Your sister can file for divorce in Delhi, Noida, or Gurgaon as her marriage was registered in Noida and her parents live in Gurgaon. She can file a separate case for dowry recovery, even with a mutual consent divorce. However, claiming a share in her husband’s family property in Noida after divorce is complex and depends on various factors, including the nature of the property and applicable laws.

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