• Married in India, Divorced in US w/ mutual consent, any issues?

Respected Attorneys,
I was married in India and got divorced in US with "mutual consent". After 3 years, I am planning for a second marriage in India. 
1.) Can I marry legally in India and get a marriage certificate, without getting an Indian divorce decree?
2.) Can I produce my US divorce decree at a Marriage Registrar Office to claim a second marriage certificate?
3.) Obtaining a marriage certificate is very important for me, as I will have to sponsor my wife's visa from the second marriage.
Kindly explain the process.
Asked 2 years ago in Family Law from United States
Religion: Hindu
1. Your divorce is valid as your wife has given consent for divorce so it is binding on both the parties.

2. You may produce the decree of US court and register second marriage.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Since you obtained divorce through mutual consent in US it implies that your ex spouse participated in the divorce proceedings. So he/she cannot now challenge the judgment of US court in an Indian court. The judgment of US court is final. You do not require any validation of your divorce from an Indian court. As a corollary thereto, you are free to remarry.

2. When you remarry you and your spouse can register your marriage with the Registrar of Hindu Marriages. The US divorce decree may be produced if sought by the registrar.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1)your divorce decree is valid in India . 

2) since divorce has been obtained on grounds recognised by HMA and your husband participated in divorce proceedings divorce would be valid in india . 

3) it is not necessary for you to obtain divorce decree in India . 

4) there is no legal bar in you contracting second marriage in India
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Dear Querist
my opinion on your queries are as under:

1.) Can I marry legally in India and get a marriage certificate, without getting an Indian divorce decree?
Opinion: Yes, you can, there is no need for Indian Divorce Decree

2.) Can I produce my US divorce decree at a Marriage Registrar Office to claim a second marriage certificate?

Opinion: Yes, you can.

3.) Obtaining a marriage certificate is very important for me, as I will have to sponsor my wife's visa from the second marriage.
Opinion: No need to worry, solemnized the marriage and get the certificate, there is no legal issue until and unless your ex-wife filed any declaration suit for declaring the divorce is null & void.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Your divorce decree is valid in india as your wife participated and consent for the divorce. You can provide the crrtified copy to obtain the marriage certificate before the authorities.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hi,
You can marry as per religious ceremony if you prefer and apply for a certificate of marriage in your municipal ward office.while applying you should mention the status as divorcee and provide copy of the US divorce decree

Your divorce is absolutely valid in India as it was  a consented one with your ex-wife 

in case you prefer to register it under special marriage act follow the same while applying for the notice period  of indenting marriage , mention the status as divorcee and sign the affidavit accordingly
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Marriage certificate can be obtained in both ways of  religious and civil marriage. in your religious  marriage after the ceremony with details of ceremony you can apply and the certificate of marriage will be issued by the Registrar of marriage under the act as per your religion.

in special marriage after the 30 days of notice period when you sign the marriage you will get the certificate of marriage under special marriage act. 

both are equally valid allover the world. and the time needed is also same.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. The decree of divorce obtained abroad on grounds acceptable by India law is valid in India,

2. In the instant case, it is a mutual consent divorce obtained in USA and such divorce is valid in India,

3. You need not take MCD in India afresh,

4. You can marry in India now showing the said decree of divorce obvtained in USA.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
you should file a civil suit for execution of foreign judgment. it is procedural necessity for implementation of divorce given by foreign court. without doing so you divorce is not legally accepted and you wife can file fresh petition of divorce in india and get injunction order for prevent you to solemnize second marriage.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Marriage Registrar Office is not a proper forum for execution of your divorce. without giving divorce you can't solemnize second marriage if you do so you may be prosecuted for bigamy. enforcement of foreign judgment is necessary by the decree of Indian court.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1) Once a decree of divorce is granted by a foreign court after the parties submit to its jurisdiction and contest the case, the marriage stands validly dissolved, the Bombay High Court has held. 

2) "As such nothing further survives in the marriage.i t is an abuse of legal process to adjudicate upon matters already decided by foreign Courts which are conclusive under the Indian Laws," 

3) her contention that the grounds of divorce were different in the US courts and hence no decree of divorce can stand in India was also rejected by the High Court which felt that irretrievable breakdown of marriage and cruelty, cited as reasons for seeking divorce in this case, were acceptable also in Indian courts. 

4) in your case divorce has been granted  by mutual consent . both parties participated in divorce proceedings . your divorce decree would be valid in india and it is not necessary to take an legal proceedings in India
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. I maintain that you do not require any validation of the judgment of the US court from any Indian court, more so having regard to the fact that it was a mutual divorce.

2. When your wife has participated in divorce proceedings in US she cannot now contend that she was not given an opportunity to contest the proceedings which you initiated in the US court. In this view of the matter you do not require validation from an Indian court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. I opine that since it is a decree of divorce passed by the USA Court on mutual consent by both the parties and since such MCD divorce is acceptable by Indian law, the said divorce obtained in USA is legally valid in India,

2. In the said divorce proceeding in USA, both the parties had taken part,

3. So, there is no need for filing a suit to get the said MCD passed by USA Court validated in India with order from Indian Court..
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0

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