Since you have become naturalized US citizens you are governed by the US law. Consequently, the decree of US court will be recognized in India as valid for all legal and practical reasons.

1. Both of you are USA Citizen now and are governed by USA Law.

2. Your decree of divorce passed by USA Court is valid in USA and both of you are considered as divorced all over the world as per USA law.

3. Had you both still remained citizen of India, you were required to get the said decree of divorce passed by the USA Court validated by the appropriate District court in India.

4. In the instant case, in India, your two are considered as divorced based on the said decree of divorce passed by the USA Court.

5. The question whether the said decree passed by USA Court is valid in India or not does not arise since you two are no more governed by Indian law but by USA law.

1.If bot of you apply there and it is passed on mutual consent then it is valid.

2.However if one of the spouses wishes he/she can after coming to India can dispute it.

3.Hence it is advisable to get it dissolved from India only.

4.Citizenship has nothing to do with the getting of divorce.

1) divorce granted by mutual consent would be valid in India .

2) you can if you so desire file petition for declaration before family court in India that marriage has been dissolved by US divorce decree

3) in the alternative you can file for divorce in India as marriage was solemnised in India

4) mutual consent divorce in India takes around 6 months

Hi

1) If both the parties agree to the jurisdiction of USA courts, then the divorce decree granted by USA courts will be valid.

2) Also that both of you are naturalised citizens of USA, Courts in USA alone will have powers to grant you divorce.

3) It is also to be noted that the minute you change your citizenship, indian courts do not have any jurisdiction to grant you divorce under hindu marriage act.

4) USA Courts grants divorce in accordance to divorce laws (which are independent of religion), which is perfectly fine in any courts of law across the world, as long as both the parties are participating in the divorce proceedings.

Hope this information is useful.

1. Section 13 of Civil Procedure Code recognises foreign judgement.

2. US Court has to provide opportunity for both parties to represent themselves and divorce is granted on a ground which is recognised and valid in India.

3. The Supreme Court has held that a foreign court divorce judgement is valid in India only if it is on the basis of law applicable to Indian jurisdiction.

4. Majority of grounds for divorce in USA not applicable in India.

5. But if the judgement is passed complying with all legal formalities(like giving opportunity to both sides, trial on the basis of evidence adduced) then it will be binding in India.

6.To conclude Mutual Consent Divorce(No fault divorce in USA) obtained from US Court is valid in India.

If the divorce was granted by mutual consent or by a contested divorce case then it will be valid in India.