Since she ahs already hot divorce in USA and youa e also a ordinary resident in USA,you may proceed to marray her .

The decree of divorce in USA is valid unless it is disputed and set aside in Indian court which does not seem to have occurred.

Howeevr if you want to be in the safe side in all context then you will have to wait for passing of order in Indian court which may take more than expected time limit.

You cannot marry her in India as her marriage is still subsisting in India

2) only if divorce decree is passed in India can she re marry in India

If divorce has been passed with mutual consent in USA divorce decree would be valid in India

2) if wife had obtained divorce in USA but husband did not participate in divorce proceedings in USA divorce decree would not be valid in India

3) in such a case husband can file petition seek declaration that marriage is valid and subsisting

4) please note that no fault divorce decree is not valid in India

5) you have stated that your girl friend is undergoing long divorce in India

6) hence advised you to remarry girl after obtaining divorce in India

Hi, if her divorce petiton is sub judice in Indian court and is still pending , therefore you cannot marry her in India for the time being

You can travel to India and get marriage with that lady on the basis of decree of divorce passed by a foreign Court. But you have to file an execution petition for execution of foreign decree. According to Section 13 of the code of civil procedure of foreign judgement is valid in India but only when Court of India passed execution order under section 13.According to section 14 of the code of civil procedure when a foreign judgement has been produced before the court of India for its execution then the court shall presume upon the production of that judgment that it was pronounced by the court of competent jurisdiction and that judgement is valid in India. There is no confusion that whether decree passed by USA code is valid or not in India, it is hundred percent valid in India. But if party wants to in execute that judgement in India he has to file execution petition under section 13 of the code of civil procedure.

1. If she is divorced in US then why is she even undergoing the same process in India? Was the decree of US court assailed by her ex-spouse in India, or she herself applied for validation of the US decree? Your query lacks details.

2. The decree of US court to dissolve the marriage is valid in India for all legal and practical reasons unless it is challenged in India and the Indian court of competence declares it non-binding on the petitioner.

3. Come back with answer to the query made by me.

Hello,

In my advise you should marry the girl after obtaining the divorce in India

Her marriage is still valid in India.

Let the divorce be granted by the Indian court and then only can you marry her failing which your marriage will be a nullity.

Regards

If your girl friend USA divorce decree has been passed by mutual consent then you are free to marry her in India

Bombay HC has held that divorce passed with mutual consent abroad would be valid in India

3) Kerala HC has held Though the general rule is that a foreign matrimonial judgment can be recognized in India only if the jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted are in accordance with the matrimonial law under which the parties are married, such judgments can be accepted as conclusive in India where the respondent voluntarily and effectively submits to the jurisdiction of the forum and consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties."

1. There is no mandate under the Indian law that a citizen of India who gets divorced abroad must apply for validation thereof in India before a court of jurisdictional competence. The US decree was as valid as the decree of the Indian court. She could have gone ahead and remarried in India on the strength of the US decree without opening a fresh round of litigation in India.

2. There is always going to be difference of opinion. I have articulated mine.

Law is as follow:

The Section 13 of Code of Civil Procedure deals with recognition of Foreign Judgments in India. SC in various decisions noted that a court would have competent jurisdiction if it recognizes the Act or law under which the parties are married. Further, If any foreign judgment is opposed to natural justice, founded on breach of Indian law or obtained by fraud; it would not be recognized in India.

And to show that the divorce was valid Indian Courts have to be approached in order to avoid any future conflict. I would advise you to pursue the case in the lower court and get it decided at the earliest somehow.

Regards

If the US decree of divorce was granted after the contested divorce or on a mutual consent by both the parties to the marriage, then it is valid and she need not apply for divorce once again in India.

However if the US divorce was granted exparte then there are chances that the other aggrieved party may file a petition in India seeking restitution of conjugal rights, then this exparte divorce in US will not be legally valid in India.

You ascertain the position and confirm the above, If the situation is not favoring you then dont take a risk.

thanks for the quick replies - but it looks like I've got two different and possible opposite answers. Is the Indian Law on US divorces not quantified in any recent judgement? @Ajay Sethi - could you let me know which appellate or law states this from the manual? @Devajyoti - could you substantiate your claim "The decree of divorce in USA is valid" with the law statement or recent order? Please let me know as I'm looking for specifics its why I paid for this as google did not give any clarity so I thought of reaching experts directly

You can read my answer to your question posted earlier, by which I have clearly mentioned that the US divorce decree is valid provided it was a contested decree or a decree granted in a mutual consent divorce case.

The exparte decree granted in US is not valid in India, hence you can ask your would be wife about this and confirm that what type of divorce decree she obtained in US and why she is fighting the divorce case once again in India?

Its just that we have very little time left because of the impending Green Card approval. If I get approved before I marry her (which may happen in 2-3 months) - she cannot come to the States for 4-5 years. We waited all this time to follow the due process in Indian courts howevever, we were completely surprised by the enormous delay in the court process - which is almost 2 years to date (Lots of reasons - some being an unfortunately state of our justice system sadly which I wont go into detail here its been a nightmare). and the Green Card date suddenly sprang forward.

Though the turn of events and the developments may be disgusting and unable to cope up, you have no alternative than to endure them.

However you have not confirmed yet that whey has she sought to file a divorce case once again in India if she has already obtained a divorce in US?

If the US divorce was by a contested or mutual consent case, then it is very much valid in India and she need not apply for divorce once again in india.

The divorce granted in US shall be a substantial proof to prove that she is a divorcee and you can very well get married ignoring the fact of the pendency of divorce case, in fact she can even e=withdraw the pending case as not pressed without assigning any reason for this withdrawal.

1. The decree of divorce she obtained in the USA is not valid in India and she is still considered to be married to her husband.

2. If you marry her in India before her getting the decree of divorce hen the aid marriage will be considered a illegal hence invalid and you will be subjected to the punishment of committing bigamy.

3. If you think that you shall never come to India any more then, you can take her to USA and get married with her at USA which will be valid as per USA law.

1. If the decree of divorce in USA has been obtained by her as per mutual consent with her husband then it will be difficult for him to bring the charge of bigamy against you.

2.Even in the above case, she is required to get the said USA decree of divorce validated by the District Court of her place in India.

3. If the decree of divorce is not based on MCD application, then certainly the said decree of divorce will not be valid as per Indian law.

1. The decree of divorce is passed in India on certain acceptable grounds like cruelty whereas in USA one gets divorce on easier grounds.

2. In case of decree of Mutual Consent Divorce (MCD), the Apex Court in India has in one case has declared as valid when the husband, who consented the divorce in USA has filed a case against his wife in India for marrying again without getting the divorce in India.

3. However, the same will not be applicable if she has not got MCD in USA.