• Validating a divorce in the USA

My nephew is a USA citizen but of Indian origin. He got married to a USA citizen in the USA. When the couple came to India, the marriage was registered in Bangalore also in the Registrars office.
The couple divorced in the USA. The court gave a decree of divorce by mutual consent. My nephew paid all the dues as ordered by the court.
He intends to marry again to an USA citizen.
Is there a need for him to obtain a divorce in India before marrying or making the decree of divorce of the USA Court valid in India?
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu

USA divorce decree would be valid in India

2) since marriage is solemnised in USA both are US citizens your nephew canrenarry after obtaining divorce

3) not necessary to get divorce decree validated by Indian courts

Ajay Sethi
Advocate, Mumbai
69581 Answers
4180 Consultations

5.0 on 5.0

You can file petition for declaration that marriage is dissolved by US divorce decree

It should not take more than 3 months

Ajay Sethi
Advocate, Mumbai
69581 Answers
4180 Consultations

5.0 on 5.0

I wish to inform you that foreign divorce will be recognized in India if it does not violate Section 13 of Civil Procedure Code. In this regard you can take divorce in USA and have court order in India after divorce that provision of Section 13 are not affected or alternatively you can take divorce in India. If your divorce violates Section 13 of Civil procedure Code then your divorce will be void and you may not re-marry in India....

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

Yes there is a need of submitting all the documents in banglore court of divorce case which was done in usa

After submitting them into the banglore court there would be a confirmation from the court and after that, according to law u can proceed to second marriage........

Mahesh Pandey
Advocate, Jabalpur
2 Answers
1 Consultation

Not rated

No if the marriage was done in US with US citizen and further divorce is taken by mutual consent then there is no need to file for validating divorce in India. As the applicable.law is of US only.

Further under what law the marriage was registered in.India??

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

There is no need to file divorce in India.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Hello,

Technically, US decree is not valid in India as USA is not a reciprocating country as per Indian laws. However, US decree can be enforced in India by instituting a case in India and Indian courts does regard a US judgement especially if it is a mutual divorce.

Anyways, if your cousin wants to marry in USA again he can do so as he has a divorce decree under US laws and that what governs has he his residing there.

Thanks

Avish

Ph

Avish Sharma
Advocate, New Delhi
13 Answers

5.0 on 5.0

No need to file divorce in india as she is USA citizen and your nephew already got decree there and same will apply on both. So as being USA citizen she have to abide there rule and regulations first and court order of USA prevails first upon her. On account of your nephew, he is separated now , so U/S 494 not applicable upon him as a burden of proof goes upon complainant, so be relax... No issue will harass you, you have enough document for your side.

Prakash Mani Jha
Advocate, Madhubani
12 Answers

Not rated

1. Since the divorce was mutual there is every possibility that either of the spouses will not dispute it in future.

2. if that is and both of them remarry in due course of time then there is no need of validation either.

3. if there is any scope for its challenge in India then a suit for declaration can be filed in local court which takes though lot of time unless decreed in consent.

Devajyoti Barman
Advocate, Kolkata
18224 Answers
260 Consultations

5.0 on 5.0

Since this is a mutual consent divorce, having been passed after the participation of both the husband and the wife, no need to get this additionally validated in India.

Unless, this second marriage was being performed in India and with an Indian citizen, there's isn't a need to get this validated in India

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
148 Consultations

5.0 on 5.0

There is no need for him to file a divorce in India separately, since the same has been obtained by mutual consent.

Anilesh Tewari
Advocate, New Delhi
17305 Answers
274 Consultations

5.0 on 5.0

He may go ahead and do a second marriage in USA

Anilesh Tewari
Advocate, New Delhi
17305 Answers
274 Consultations

5.0 on 5.0

1) If divorce has happened in USA in mutual consent than it is valid in India as well. No need to apply for divorce in India separately.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

Is the divorce decree allowed in US is based on the mutual consent the same may be filed here for rectification of the decree. this will not take much more time maybe as soon as the case is admitted in the court by next 2 to 3 hearing it may be decided because there will be no contest from opposite party

Vimlesh Prasad Mishra
Advocate, Lucknow
5792 Answers
19 Consultations

4.9 on 5.0

Dear Sir,

The USA decree is also valid in India in the given background. However since it was registered also in India as such he has to get it cancelled in the Concerned Sub-Registrar office and if the said authority do not recognize USA decree then he must seek a divorce from Family Court of India which will be easily available on the basis of USA decree.

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VALIDITY DIVORCE GIVEN BY FOREIGN COURT

NOT VALID AS HINDU LAW IS NOT IN EXISTENCE IN FOREIGN LAW……EXCEPTIONS

The key rule laid by the Supreme Court can be summed up as follows: If a couple is married under Hindu law, (a) the foreign court that grants divorce must be acceptable under Hindu law; and (b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law. The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce. The exceptions that Supreme Court has permitted to the above rule laid by it are as follows in a case where husband has filed for divorce in a foreign land: A) The wife must be domiciled and permanently resident of that foreign land AND the foreign court should decide the case based on Hindu Marriage Act. B) The wife voluntarily and effectively attends the court proceedings and contests the claim on grounds of divorce as permitted under Hindu Marriage Act. C) The wife consents to grant of divorce.

Kishan Dutt Kalaskar
Advocate, Bangalore
4750 Answers
141 Consultations

5.0 on 5.0

Dear Querist

As per your information that the divorce was granted by the USA court by Mutual Consent, hence there is no need of any divorce granted by the Indian Court.

that divorce granted by the USA court is Conclusive.

No need to file any divorce case in India.

It will be better to uptade the same before the registrar office as they got divorce mutually, copy of the divorce decree will also be submitted before the Registrar Office.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
5386 Answers
261 Consultations

4.9 on 5.0

Since he got married as per USA law and also got the marriage dissolved by decree of divorce as per USA law, the fact of registration of marriage in India may be ignored.

He can very well go ahead with the proposed marriage at USA without any problem.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

1. Divorce decree passed by a court in US is valid in India for all legal and practical reasons. No Indian court will set aside a decree which has been passed by a foreign court in proceedings in which both spouses participated.

2. Your nephew does not require any divorce validation in India.

Ashish Davessar
Advocate, Jaipur
26817 Answers
800 Consultations

5.0 on 5.0

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