As long as the divorce obtained by you was not challenged by your wife in India and was thus, not re-opened, you free to remarry in India.

You need go to any court to get your US divorce validated.

Just go for your marriage.

No problem, if she has not instituted any kind of legal proceedings to reopen the divorce already obtained by you, either in USA or in India, you are free to remarry.

When was the US divorce granted to you?

Hi, since you are US citizen the divorce decree is valid here in India ..you don't need to show your divorce decree before the marriage officer .. You can appear before marriage officer alongwith two witnesses from each side to perform court marriage .. OR you can get married according to Hindu rites and Cermonies and then register your marriage with the marriage registrar

Did your wife participate in the divorce proceedings in USA?

If your wife participated in the US divorce proceedings, the same will be treated valid for all purposes. That is also because of the fact that the same has been granted on the ground of abandonment, which also happens to be a ground of divorce under the Hindu Marriage Act.

Having said, you can remarry if your wife does not challenges the said US divorce decree in a suit or proceeding before an Indian Court. As a matter of caution, you can wait for 90 days from the date of the US divorce decree, before you re marry.

1)you need to produce your US divorce certificate to remarry

2) if your wife has not participated in divorce proceedings the divorce decree would not be valid in India

3) your wife can file petition to set aside US divorce decree as she has not participated in divorce proceedings in USA

your divorce decree is not valid in india

2) your divorce decree is valid in USA .

3) you should file petition in India for declaration that marriage is dissolved by US divorce decree

wife can file petition in India that marriage is valid and subsisting and is not dissolved by US decree

The divorce given by the US court becomes valid since the same has been obtained on the ground of dissertion

there is no legal impediment if you get re married and the marriage will be a valid marriage

her petition to challenge the divorce that took place in USA will not be entertained in India since the same happens to be a valid divorce.

Regards

1. You had got married in India as per Hindu Marriage Act or Special Marriage Act.

2. Divorce in India is prayed for and granted based on certain specific grounds like cruelty unlike in USA where irretrievable break down of marriage is also a ground for seeking divorce legally.

3.The decree of divorce granted by the USA Court as per USA law is not valid in India and you two are still considered as husband and wife as per Indian law.

4. You shall have to file an application before the District Court in India praying for validating the decree iof divorce passed by the foreign court and till the said foreign decree is validated, you are considered as married to your wife.

5. In the given circumstances, you can not marry again before getting the divorce decree from the Indian court or getting the USA decree validated by the Indian court.

6. If you marry again in India without divorcing your first wife as per Indian law, you shall be leveled with the charge of bigamy punishable under jail term as per Indian law and the said law will be applicable on you since you are an OCI.

7. However, if you marry in the USA as per USA law, then Indian Courts will have no jurisdiction to try you in India when you are staying in the USA.

1. It will be prudent on your part to negotiate with her and get the USA decree of divorce validated by Indian Court and she might agree in her own interest to remarry.

2. What you shall have to do is that get an application for the said validation by an Indian lawyer to be filed by him before the District Court in India jointly by you and your wife.

3. Thereafter both of you shall have to sign the same before the appropriate officer of local Indian consulate and send it to your lawyer in India for filing it.

4. Your lawyer will move the application and get the order of validation of the foreign decree of divorce.

1. If the decree of divorce passed by the USA court is not got validated as advised above, your wife stays as your wife as per India law and can act as you wife legally.

2. She can file a petition for maintenance, DV and also lodge police complaint u/s498A for dowry harassment against you and your family members in India.

3. So, it will be prudent on your part to get the USA decree of divorce validated by the district court in India.

1. Well, ex parte decree of divorce is not recognised if the other spouse challenges it.

2. So there is a chance of getting this set aside in India if your wife refuses to accept it.

3. Otherwise you can on the basis of divorce granted in USA can register your marriage for the second time.

Dear Client,

Same process will follow as was at the time of first marriage except u have to mention divorcee in the form if court marriage annexed with the certify copy of divorce.

On the contrary ur first wife is open to challenge the divorce decree if any the condition given u/s 13 of Code of Civil Procedure is violated.

The US divorce certificate is not valid in india unless it is mutual consent Or contested divorce. Or this certificate should be validated by the Indian court.

So considering the facts, You can not marry 2nd term as your 1st marriage is live on records in india.

From your contents it appears that you have obtained exparte divorce, i.e., the divorce decree without her participation.

An exparte divorce obtained in a foreign country for the marriage solemnised in India as per India laws, is not valid in India, hence your remarriage in India may not be considered as valid.

If your remarriage is not valid then you naturally may have problems on this count.

Also she currently resides in the US from what I am aware of.

If she become aware of your remarriage then she may lodge criminal complaint against you for bigamy offences since the divorce granted in US is not valid hence claiming that she is still your legally wedded wife, she may try to create problems to you in this regard.

When you say not challenged in India do you mean she can still file against the US approved divorce if she has a green card for the United State? The Divorce was granted on August 2017.

She can very well contest that the exparte divorce granted in US as invalid in India.

The divorce granted by US court is actually not valid in India becasue she not participated in the divorce proceedings.

Since you both are married to each other as per India laws and under Hindu marriage act, the exparte divorce passed by a foreign court is not valid as per law in India.