• Married in India, got divorce in USA, remarriage in India

Hello Sir,
I got married in india, later we stayed in USA for few years, then my wife left to india and we requested to join or give divorce, she did not accept, We filed and got divorce in California USA, by serving papers to her and she didn't participated in the hearing process. Now can i get marry in India and get her to USA? there will be any issue in immigration while H4 (dependent) visa interview?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1. Do note that ex parte divorce granted in USA is not valid in India unless your wife accepts the same and ahse also remarries.

2. If she files criminal case then it will transpires that she has not accepted your divorce.

3. in that event if you remarry the remarriage may be termed as bigamy and both of you will be prosecuted jeopardising the very validity of the marriage.

4. Hnece beofre remarriage send the divorce papers to her to rest her reactions.

5. if she does not agree then you ma settle with her, pay her permanent alimony and get mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Your divorce decree is not valid in India

2) your wife has not participated in divorce proceedings in USA . Hence divorce decree is not valid

3) you cannot remarry in India

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned.

As this seems to be an ex parte divorce that has been obtained in US - your wife can certainly challenge this in India. So basically as per Indian Law you are still married. You can very well marry again and bring your 2nd wife to US - however make sure your first wife dont get to know about this or else if she creates any issue - you may land up in grave problems.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

Hi, As per law prevailing in India, if the wife is not participate in the divorce proceedings it is not valid. You have to file a petition for divorce in India and get the decree of divorce in India then only it is valid.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

The question is about the remarriage.

Well you must understand the marriage laws in India.

A marriage that has been solemnised in India as per per India laws can be recognised to be dissolved by decree of divorce in a judgment by a foreign court when the divorce decree is the result of contested case or on the grounds of mutual consent.

Your case appears to be an ex-parte divorce decree.

This exparte decree of divorce in a foreign country is not recogised as legally valid divorce as per Indian laws.

Therefore the proposed re-marriage in India based on this exparte divorce decree obtained through a US court is not valid in India and the remarriage may bring problems to you if she files a bigamy case against you.

If this divorce decree through a foreign court is not recognised by Indian law as a valid divorce then the subsequent marriage on this basis also stands nullified hence you may face problem during visa interview.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

I got married in india, later we stayed in USA for few years, then my wife left to india and we requested to join or give divorce, she did not accept, We filed and got divorce in California USA, by serving papers to her in India and she didn't participated in the hearing process in USA. Now can i get marry in India and get her to USA? there will be any issue in immigration while H4 (dependent) visa interview?

The reply given to the same question posted in an earlier post is applicable for this too.

That divorce is not valid in India hence the remarriage shall pose problem during visa interview.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

The decree of divorce passed by a foreign court, unless declared as not binding and non est by a competent court in India, is valid in India for all legal and practical reasons. The limitation period to challenge the decree of divorce is 3 years from the date of knowledge.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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