• Divorce in USA and want to marry Indian girl

Hello Dear Attorneys,

My wife was in India and the divorce notice was served by private processee to her, she responded the notice denying all the obligations I have mentioned in the notice.

After a month on the court hearing day, the court have granted divorce to me as court found my wife guilty of Adultery and of martial misconduct both.
She was not available in the court at the time of court decision.

Now, I want to know can I use this USA divorce decree in India to remarry a girl and get the marriage certificate to file dependent VISA to get here here in USA?

Thanks!!
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

Your divorce decree would not be valid in India as your wife did not participate in divorce proceedings in USA

File petition under section 7 of family court act fir declaration that marriage is dissolved by USA divorce decree

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You need to get this decree ratified in the Indian family court.

You can not marry before the rectification of decree by the Indian court.

The basic principle is they you need to take a valid divorce from the soil you got your marriage solemnised.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since this is an ex-parte divorce granted to you, having been pronounced in the absence of your wife, it will not be recognised in the Courts in India.

Having said the above, you may take your chance by way of getting this US divorce affirmed in a declaratory suit under sec. 7 of the Family Courts Act in India. Post this affirmation is granted, you will be free to re-marry.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

it is a valid divorce if the same has been taken as per the provisions of the Hindu Marriage Act.

If on these gerunds the divorce has been given by the court for mental cruelty then the same is valid in India.

However, I would advise you to file a declaratory suit in India and get the declaration that the same happens to be a valid divorce, and after that you may re-marry in India.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. On the strength of the decree of divorce passed by the US court you are free to remarry in India.

2. If the spouse has participated in the divorce proceedings then she cannot challenge the divorce decree except on the ground that the ground on which divorce has been granted is not a ground for divorce in India. Her participation in the divorce proceedings would now stop her from challenging the decree in India.

3. You are free to remarry after 90 days from the date of decree.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If your marriage was solemnised in India, then you need to get the divorce decree from India as well on the basis of USA decree. Then you can go for second marriage.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello sir , the contested Divorce decree is valid in India as well .. You can marry a girl as per Hindu rights and ceremony and can get a marriage certificate issued for VISA

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Since your wife has not participated in the divorce proceedings held in USA, it can be considered as an exparte decision by the US court which was pronounced in her absence.

The exparte decision by a foreign court on such divorce cases is not valid in India hence as far as Indian laws are concerned you remain legally wedded to her and the solution is that you have to apply and get divorce in India again.

Any marriage contracted without following this process may be invalid in law.

So dont take any decision in haste, you may contact a local lawyer and proceed as per the legal advise on the subject issue.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

1. Ex parte decree of divorce granted by American court would not be valid in India if your wife disputes the same.

2. So do not marry as yet as if she refuses to accept this decree and challenges the same or file any declaratory suit in india then second marriage would be void and you can be prosecuted for bigamy.

3.hence I would advise you to talk to you wife and go for mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

It is of no use! I believe it is an exparte order.

If your wife submitted to the jurisdiction of the US court and the proceedings atttained finality, then, you can remarry.

In this case, court deciding on one side is absolutely illegal and will be set aside by indian courts.

Therefore, refrain from such decision unless you get a decree of divorce granted by the court of competent jurisdiction and on hearing both parties.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1) Yes, if the divorce is happened as per indian law. On foreign ground.

2) Then you can proceed with second marriage here.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

By the order of court, u r divorced now and can remarry but wife might question the order AS -

Divorce order is assailable in Indian Court unless -

a)Where it has not been pronounced by court of competent jurisdiction;

b) Where it has not been given on the merits of the case;

c) Where it appears on the face of the proceeding to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

d) Where the proceeding in which the judgment was obtained or opposed to natural justice;

e) Where it has been obtained by fraud;

f) Where it sustains a claim founded on a breach of any law in force in India.

AND the court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Your said decree of divorce passed by the foreign court is not valid in India unless yu get it validated by the concerned district Judge in India.

2. Foreign decree of divorce passed based on the grounds accepted by Indian law, like mutual consent divorce, are acceptable by Indian Courts.

3. Till you can get your said foreign decree of divorce validated by the District Judge in India, you shall be considered as married to your wife and can not marry legally to another lady in India.

4. Get the said foreign decree of divorce validated in India or file a divorce suit afresh in India.

5. You can also negotiate with your wife and jointly file a mutual consent divorce petition on agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can use the said divorce decree if it's final and not challenged by your wife pending before my court in USA.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

1) you must contact a lawyer and instruct him to file appearance on your behalf

2)your parents should state that you do not reside in said address

3)your wife has no share in property standing in your name . better option is to sell the property

4)you can execute POA in favour of your parents to attend on your behalf

5) you can avail of video conferencing facilities

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. If you decide to remain absent after receiving the summons the court may decide the case in your absence and she too may get an exparte decision against you.

2. Since it is addressed to you your parents can decide to accept it or to send it back.

3.video conferencing may be available only for deposing witness evidence and not foe appearance.

4. You can appoint a lawyer and authorize one of your close relatives to represent you in your absence before court as power if attorney agent.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

If u will not attend court, ex parte order, Notice complied on serving parents, if criminal case than property will be attach by court.

Appoint advocate to attend on your behalf and request court for video conference.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. It appears that she has filed a Dv case against you in India for which you have received the said notice. There is no point in ignoring a family court if you are still an Indian Citizen holding Indian Passport. The worst action against you finally can be non bailable arrest warrant, Look out Corner notice or even impounding of your passport to get you extradited. Send well drafted reply through email staring when you are scheduled to return to India.

2. No point ignoring or refusing to receive the notice since notice sent through email is considered as good service for starting the proceedings.

3. If NBW is issued against you and you are declared as absconder, your property in India can be attached through Court order.

4. If the said Court has the Video conference facility, then certainly you can ask for availing it. Otherwise engage a local lawyer in India by sending him the Vakalatnama by notarising your signature thereupon before the appropriate officer of your Indian Consulate.

5. Yes, you should engage a local lawyer to defend you. If your other family members are also accused, then they also shall have to be defended by your said lawyer in the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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