1. No. It's not legally enforceable in India as your wife didn't contest the Divorce and exparte divorce passed by US court cannot be enforced in India

2. No. As you are still legally married to your wife and if you marry again without getting a decree of divorce from Indian courts having jurisdiction, you will be committing an offence of bigamy Under section 494 IPC.

3.No. As it is been passed by a court having no jurisdiction to entertain such a matter, therefore the judgement passed by the US Court would not be taken into consideration.

For any other queries,feel free to call.

Regards.

1. Is the US court decision valid in India?

Answer: No they are not binding in India unless the Indian courts accept the same;

2. Can I remarry in US?

Answer: You need to get a proper divorce decree in India then you can remarry anywhere;

3. Can I use US court decision to expedite divorce hearing in India?

Answer: Engage services of a lawyer and try to get the court decision approved in India. Try the execution process.

The judgment of U.S. court is not valid in India since wife did not participate in proceedings. Since the divorce is not granted in India you will be still deemed to be her husband and any attempt to marry will be considered as bigamy which is offence under IPC.

To expedite divorce proceedings file an application under Section 21B of hindu marriage act along with divorce petition.

USA divorce decree is not valid in India

2) you cannot use US court decision to expedite divorce proceedings in India

3) don’t remarry in USA as your wife can file case of bigamy against you in India

Yes it is valid in India if validated in Indian court. You can marry once it is validated in India.

Divorce granted outside India

Divorce from foreign countries are valid in India but you need to validate the same in India. Under Section 13 of the the Code of Civil Procedure, 1908 (Code), a foreign judgment is not conclusive as to any matter thereby “directly adjudicated upon” “between the parties” if: (a) it has not been pronounced by a Court of competent jurisdiction; or (b) it has not been given on the merits of the case; or (c) it is 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; or (d) the proceedings are opposed to natural justice, or (e) it is obtained by fraud, or (f) it sustains a claim founded on a breach of any law in force in India. If the above conditions are fulfilled in the said foreign divorce decree the said divorce is valid in india

1. Ex parte judgment are not valid in India.

2. Till the divorce is obtained in India, I would not advise you to remarry. The same will amount to the offense of dual marriage.

3. This divorce proceedings of US will have no bearing in India.

Regards

1. No sir divorce is not valid in India.

2. Sir if you marry in US your wife can file case of bigamy in India against you .

3. See US divorce shall just be as piece of evidence in India and it won't help you to expedite .

For expediting the case you need to seek direction from high court.

1. The decree of divorce passed by the USA Court being a foreign court on grounds not acceptable by Indian law is not valid in India.

2. If you are still a citizen of India then you can not remarry anywhere in the world before taking decree of divorce from Indian Court. If you are a USA Citizen but hold a OCI card, you shall be liable for prosecution after you remarry during your visit to India, against your present wife's police complaint against you alleging bigamy.

3. You can file a divorce petition in India on the ground of cruelty with the evidence that you have already got the decree of divorced passed by the USA Court.

4. It will be prudent on your part to negotiate with her for jointly filing a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

Dear Client,

Since divorce petition is pending in India also, so u have to file for execution of foreign court decree in India in local district court.

U can marry but void in india until decree of divorce not confirmed by Indian Court.

You can use foreign decree, but order of Indian Court will prevail as order is ex parte.

hello,

the judgment of the court in the USA is NOT valid in INDIA. your wife has not accepted the decree of the US district court, she has filed a separate case of divorce in India. you have to get divorced in INDIA.

you are a Hindu and were married according to Hindu rites and rituals in INDIA. as per the Hindu Marriage Act, 1955, a decree of divorce can only be granted by an Indian Court of Law.

the decision of the US district court has no bearing to the case in India.

regards

1. Since the decree passed in USA is ex parte the same is not valid in India if your wife disputes it.

2. So do not take the risk of getting prosecuted for bigamy under section 494 IPC by remarriage.

3. The decision in USA has nothing to do with suit pending in India and hence to expedite it you require order form high court and from USA court.

Hii

1.Definitely you cannot remarry again till you are not availing proper divorce decree from Indian under the jurisdiction.

2. If you remarry without proper divorce decree obtained from Indian on or without production of expartee decree obtained from U.S court your wife can file a case under bigamy Act.

3. Yes for answer that you got expartee divorce decree in U.S.... As decree has to be validated in Indian court under the jurisdiction if not accepted it can re heard under sec 13 of CIvil suit in the same court. And yes can produce the divorce decree in same court where your wife has filed a case.

It's better not to get under illegal angle and go with legal procedure hire a good lawyer and get it done .

Regards

1. The decree of the US court is valid in India for all legal and practical reasons if the summons were duly served on her or sent to her at her proper address. You are free to remarry in India and US. She can though file a suit for declaration in the competent court in India to declare the US decree as not binding on her, but you can fittingly contest it if you have evidence to prove that summons from US court were sent to her in India at her address.

2. The US court decree cannot come to your rescue though to expedite the proceedings pending before the courts in India. However, you can file a petition in the High Court to seek directions to the lower court to expedite the proceedings.

1. No, if the marriage was performed in India, the US Court decision is not valid as a matter of right. You will have to execute the order in India for it to be valid here.

2. Technically yes. But if your wife gets wind of it, she can make your life miserable. So it is advisable to avoid it as far as possible.

3. You can try it in the lower Court. No fixed outcome can be guaranteed as different Courts view it in different ways in the absence of any fixed statutory provision to that effect.

1. The default divorce judgment decreed by US is called as exparte divorce in India, this type of divorce is not recognised as valid as per Indian laws if the marriage had taken place in India as per Indian laws.

2. Since your divorce in US is not valid, marrying again during subsistence of marriage and the spouse living, it is an offence as per Indian laws, i.e., under bigamy and it is punishable upto 7 years if convicted.

But if you marry in US and remain in US itself, then it wont have an impact

3. It also may not be possible since the laws are different in each country.