GOURVITZ FIRM SUCCESSFULLY STOPS WIFE FROM PROCEEDING WITH DIVORCE IN INDIA

The Gourvitz Firm successfully stopped a wife from continuing her divorce in India in favor of litigating in New Jersey. Wife and husband are Indian citizens living in New Jersey and wife began a divorce action in India in March of 2013 and supposedly served husband in New Jersey.  While the matter was pending in India, a divorce complaint was brought in New Jersey. Wife submitted that New Jersey lacked subject matter and personal jurisdiction over divorce and proper jurisdiction was in India where the case was brought first. The Gourvitz Firm proved that the move to New Jersey was with the intention to remain permanently because wife, among other actions had applied for HIB visa, and that a divorce could not be granted under Indian law because neither party resides there. Gourvitz further asserted that only New Jersey had the authority to award support, alimony and equitable distribution. They also proved that the husband was not served in accordance with the Hague Convention, and India does not have “comity” with the United States and on the doctrine of forum non conveniens as to witnesses and evidence.