• Validity of divorce in India which was obtained in the USA

Marriage was solemnized in India under the HMA. Bride is an Indian and bridegroom is an American citizen. If divorce is obtained in the USA based on uncontested grounds, is the USA divorce fully valid in India? Can either party remarry in India without obtaining divorce certificate in India? Can the bride demand for alimony in India?
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

Dear Querist

if there is no objection on the part of bride regarding the divorce granted by USA Court then the divorce will be valid and she may marry again without any divorce decree from the Indian Court.

She may file an application U/s 25 of Hindu marriage Act-1955 and claim alimony but if the Husband has not property in India then Alimony decree is very difficult to execute.

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) if divorce decree has been passed with mutual consent divorce decree would be valid in India

2)either party is at liberty to remarry without obtaining divorce certificate in India

3) wife can claim maintenance from husband in India

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Foreign Decree of divorce is not valid in India unless it is got validated in India by filing an application before the appropriate District Court in India.

2. Indian District Court will not validate any foreign decree unless it has been passed vased on grounds which are also accepted by Indian Law like mutual consent divorce filed in India.

3. For the above reason, uncontested or ex-parte decree of divorce passed by foreign courts on grounds not acceptable by Indian Law are not acceptable by Indian courts.

4. So, none of the parties of the said decree can remarry in India as they are considered as already married couple as per Indian Law.

5. Since the bride is still the wife of the groom as per Indian law, she can very well demand all the facilities including maintenance/alimony.

6. Moreover, the wife can lodge police complaint u/s 498A of IPC and also file DV case against the husband and his other family members.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The uncontested divorce decree in US means?

Whether she participated in the divorce proceedings held in the S and had given her consent to the divorce?

If yes, then it can be called as divorce on the grounds of mutual consent.

If the divorce or dissolution of marriage was on the grounds of mutual consent, then that divorce is valid in India and you need not go for any validation of this divorce decree.

Whether she will get any alimony or not will depend on how you challenge her alimony claim case if she files one in India.

As far as re-marriage by either party, if the divorce was by mutual consent, then the second marriage by either party with any other person can be legally valid.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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