Hello, I am an NRI. Got married in India in Nov 2011. Started living together in USA. We were not compatible and got separated in 2013 April. I was not interested in divorce but my ex wanted divorce and he applied for divorce and I didnot receive any documents since my ex dint know my address. He got exparte divorce in USA in April 2014 without my consent( valid in USA. He sent me divorce certificate . I didnot contest it since I was not interested and went through lot of stress. Coming to the question I want a divorce certificate in India for remarriage and avoid future trouble. How can I do it without contacting my ex. I donot know his whereabouts and difficult to approach him. Thank You
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1) you can file petition for declaration under section 7 of family court act for declaration that marriage is dissolved by divorce decree passed by USA court
2) notice would be issued to your husband
3) if no objections are received court would pass order to that effect
Dear Concerned,
As mentioned in your notes you already have an Ex Parte Court Divorce Decree Documents sent to you by your husband and as you did not wanted to pursue you didn't acted on this decree. As you have accepted the decree you can go ahead with your re marriage and will not face any future issues.
Please note on the basis of this certificate get your passport and other documents update and remove your spouse name if mentioned on the passport.
As you have accepted this ex parte divorce you need not to take divorce in India.
Best of Luck
Dear Querist
You may file a declaration suit before family court in India and get a declaration certificate of divorce from family court.
Feel Free to Call
The decree of divorce is granted in foreign land, more so, if it is ex parte is not binding in India if you do not accept the same.
However there is no process to validate the decree of divorce granted in abroad through Indian court.
If you want to have a valid divorce decree both of you will have to apply for mutual divorce in india and the same will remain in force always.
If he is untraceable you can apply for contested divorce suit in India and get an ex parte decree in india.
1. You can not get the decree of divorce from India since you have not filed any divorce suit in India.
2. The uncontested decree of divorce availed by your wife is not valid in India since it does not satisfy the required grounds based on which decree of divorce is granted as per Indian Law.
3. However, you can either file a mutual consent divorce petition in India for which you shall have to contact her or should file an application before the District Judge for getting the USA decree validated in India.
4. if you can not find her address, you shall have to file a divorce suit in India sending notices to her last known addresses and then by releasing a publication of the said notice in local news papers in India which will be considered as good service of notice.
My ex husband got ex parte divorce in USA. Based on the Supreme court clause that American expate divorce is not valid in India. I went ahead and applied for Indian divorce 3-4 months back (just want divorce-didnot want any alimony). Judge was looking to transfer since March, so he was not interested to take any new cases. Now after court vacation, he got promoted and not being transferred he saw my case in June 1st and reserved it for court orders. He is not admitting my case or filing it. Lawyer says the judge is not able to decide if he should admit the case since I already have a divorce. Any suggestions or the next steps I need to take? I desperately need Indian divorce for remarriage and process got struck. I appreciate your help.
Dear Concerned,
The notes above gives a hint of something wrong somewhere - (Do you have a copy of the ex parte Divorce of US) If yes - then the Judge can very well take the order in consideration and can dissolve the marriage. However if as per your Lawyer "Judge is Confused" - the best way out is to file a Writ of Mandamus in the High Court concerned and you will surely get the relief you are seeking for without even contacting your husband.
You may feel free to contact us through Kaanoon, Skype or other means to have a free discussion on the subject.
Best of Luck
you should have filed petition under section 7 of family court act for declaration that marriage is dissolved by divorce decree passed by USA court
2) wait for court orders on your divorce petition
The exparte divorce granted in US is no doubt not valid in India but it depends on whether you would like to have it nullified by not accepting the same.
If you would accept the divorce then the divorce certificate he sent to you would be sufficient and you can go ahead with your proposal to marry again.
This cannot be challenged by your ex at this stage.
You have filed a case in haste to declare that divorce as valid.
Even now you withdraw that case and file a regular divorce case on the grounds of desertion.
You can get an exparte divorce which is valid in India.
1. If you also want divorce without any compensation, you should have gone for MCD which would have been disposed off within 6 & 1/2 months from the date of its filing.
2. Alternatively you could have got the foreign decree of divorce validated by the Indian court.
3. However, in both the cases, your husband's participation is required.
4. Since, you have filed the divorce suit, you should wait for its admission. if denied (surprisingly), you shall have to refile it after some time when the said Judge leaves the Court.
5. Alternatively, you can challenge the order refusing to admit your divorce suit filed and the grounds mentioned in the order for refusing the admission, before the appellate court.