• NRI mutual consent divorce

Hello,

We got married in India in 2013, have applied for and were granted mutual consent divorce here in the US. 

Could you please advise how to obtain a declaratory order authenticating and confirming the foreign divorce decree from an Indian court. We need this to get spouse's name deleted from passport

Thank you
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1. A decree of foreign court dissolving a marriage is valid in India for all legal and practical reasons. Since it was a mutual consent divorce you require no declaration from the Indian courts, but if you want one then you may file a suit for declaration in India to seek a declaration that the decree of US court is in compliance with the Indian law.

2. The suit has to be filed before the court within whose jurisdiction the marriage took place or where the spouses last resided together.

3. If you only want to delete the ex-spouse's name from the passport then you can apply to the RPO with a certified copy of US decree.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you have to file petition in family court in india under section 7 of family court act for declaration that marriage has been dissolved by divorce decree granted by US courts

2) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hello,

1) You can file a suit for declaration in a civil court India having jurisdiction to pass a declaratory order after verifying details of your petition and the order obtained in the US.

2) Do ensure to mention your affidavit supporting your petition that you both had participated the proceedings in US and therefore the court should ratify the testimony.

3) If you are unable to travel to India for this purpose you can delegate the powers to a POA to do it for you. Your lawyer will do the rest.

S J Mathew
Advocate, Mumbai
3562 Answers
175 Consultations

5.0 on 5.0

1. The decree of divorce granted by foreign court is not valid in India if the ground on which it's made is not acknowledged in India.

2. The decree passed in abroad can't be validated or ratified by Indian court either.

3. However if both of you act upon the decree and remarry there would be no problem.

4. In the event you want a decree from Indian court you can apply for the same afresh which takes six months time.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You are required to file an application before the local District Judge in India praying for an order duly validating the said MCD decree passed by the Foreign Court.

2. Decree of Divorce passed by USA Court on ground acceptable by Indian law is validated by Indian court.

3. so, the above decree of MCD availed by you in the USA can be validated by Indian Court for which you shall have to file an application as suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

For deletion of your spouse's name in the passport, you must apply for reissue of passport.

And for reissue of passport you need to submit required documents along with the application. Authority will issue a new passport with deletion of spouse’s name or name change, after verification of your entire document.

The divorce decree by a US court is very much valid in India and you need not get a declaration of the same once you are in possession of divorce decree.

The notarised copy of the divorce decree order can be submitted along with the application for re-issue of passport.

Besides other process and formalities, the above should suffice the requirement to delete the spouse name from your passport.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Dear .

There is different rules and laws of Divorce in U.S.......you did not mention .....where did you do your marriage..? where you belongs to ? and many more questions.....?

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

You should get the decree of divorce passed by the foreign court validated by Indian Court to avoid future problem from your wife since she will still be considered as your wife until you get the said foreign decree validated by Indian court as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

thnaks for your appreciation

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

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