Since marriage has been solemnised in USA as per US laws divorce decree passed by USA courts would be valid in India
2) divorce decree cannot be contested in India
3) he is at liberty to remarry in India
Married and divorced in US
My Brother is a US citizen who got married in US as per US to a indian Student . They they got seperated. The girl returned to India. My brother got a ex parte divorce from a US court where they resided. Now he wants to remarry. My question s Is his divorce valid India. As the bother the marriage and the divorce was under US jurisdiction. Can it be contested in India. Then what are the chances of him getting into trouble. Lastly he wants to marry a indian girl in India. Is that possible??
Asked 8 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
Dear Concerned,
Yes - the marriage in US stands dissolved and the divorce decree is valid in India as the Marriage and Divorce both happened in US.
Your Brother can remarry - nothing seems an issue.
Best of Luck
1.The Divorce granted in USA ,more so,if granted ex parte is not valid in India.
2.So it is better for your brother to first inform his wife so she reamrry first and then your brother should remarry.
3.His wife may challenge the decree in India.
4. To your brother should not make hurry till the picture becomes clear to him.
1. Since your brother is a citizen of US the decree of divorce obtained by him in US gives him the liberty to remarry in US or India. It is valid in India for all intents and purposes.
2. The decree of US court cannot be challenged in India as your brother was a US citizen at the time of decree.
Hi, the decree can be challenged only in US and not here in INDIA .. however she can file alimony and other civil/ criminal cases in India .. Your brother can remarry as he has obtained a divorce decree
Yes he could do that. Since his first marriage was solemnised in US itself and because he is a US citizen, the Hindu Marriage Act would not govern the said marriage. When such is the case, the exparte divorce obtained by him is completely sustainable and his ex wife has no locus of unsettling this position by way of instituting a frivolous litigation in India.
He is free to remarry and anywhere in the world and with the girl he wishes to.
Since the marriage was performed as per US laws and the divorce as US laws is valid, he need not be worried about the Indian laws on this marriage.
He can very well contract another marriage on the basis of his valid divorce decree granted by a US court as per US laws for the marriage solemnized as per US laws.
She may not be able to contest in India, the decree of divorce granted in US, because the marriage is subject to US laws only and not as per Indian laws.
If he desires to marry in India an Indian girl, he can very well proceed with his proposal as per the prevailing law in India.
1. If the marriage happened in USA as per the local lawys of USA and it was dissolved also in USA then the said marriage will be void in India as well.
2. But if the marriage took place as per Hindu tradition then an ex parte order will not be valid.
Yes he may go ahead and do the marriage if the first condition as specified by me is true.
Regards
