• Married in India divorced in US

Dear Sir,

I was married in India to a Indian girl and now she stays in US and I stay in India.we both mutually agreed and filed a divorce in US.
The divorce is cleared in US and now I want to remarry.
I am based out of India, do I need to take some validation on the Us divorce judgement in India also before remarrying.
Asked 4 years ago in Family Law
Religion: Hindu

15 answers received in 1 day.

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18 Answers

hello

a mutual consent divorce from a marriage performed as per the Hindu rites and rituals can only be filed in India and can be granted by Indian Courts. but if you file it in another country and the other side too accepts the jurisdiction of the foreign court, the decree is valid in India too.the mutual consent divorce decree from the US is sufficient.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Your divorce by mutual consent is valid in India

2) you can file petition for declaration under section 7 of family court act that marriage is dissolved by US divorce decree

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Under the Indian law there are two ways of getting a foreign judgement enforced. Firstly by filing an Execution Petition under Section 44A of the CPC . Secondly by filing a suit upon the foreign judgement/decree. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction;

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

Under S. 13 of the Code of Civil Procedure, 1908 a foreign judgment becomes inconclusive and consequently unenforceable in the following circumstances:

(a) where it has not been pronounced by a 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 proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which judgment was obtained are 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.

Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding. Contested Divorce in foreign Court can be valid and binding depending upon on Matter is contested by both spouses in foreign Court. And Matter is uncontested in foreign Court and one spouse comes back to India. Now your status is divorcee. You can use the divorce decree

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

The decree of divorce passed by a foreign court to dissolve the marriage of Indian citizens is valid in India provided it was passed after due compliance of the principles of natural justice. In your case it was mutual divorce wherein she participated in the proceedings. So you are free to remarry in India after 90 days from the date of decree.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

There is no procedure India which validates foreign decree.

The foreign decree under certain circumstances in valid in India and one of those is that it was obtained under mutual consent.

Since both of you subjected yourself to USA Court it is enforceable in India.

However to be on the safer side you can wait till she remarries first.

Another option is to apply for mutual divorce once again in India which requires both of your consent and presence.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes. you can file a civil miscellaneous application to get approval of the court in India .

It is a declaration of your divorce as valid by Indian court

Thresiamma G. Mathew
Advocate, Mumbai
1631 Answers
212 Consultations

5.0 on 5.0

If you are an Indian citizen you need to rectify your divorce from the Indian Court this regard you have to file a petition in the family court AP the district you got married or live together on the basis of us degree of divorce and Get It rectified to go for next marriage

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since it was a divorce by mutual consent where both of you have participated and got the decree from foreign court it is binding on both of you and is valid in India. To be on safer side file a declaration suit before family court that the marriage Is dissolved in US court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

No need for any validation.

You are free to re-marry.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you were married in India and the marriage was registered, you need to execute the US Decree in India before you can get remarried in India again.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You can apply for execution of foreign court decree in India but it`s not compulsory.

Order valid/effective in India.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

A U.S. divorce decree has no legal sanctity in India, save for a few exceptions. This is because those Courts don’t have jurisdiction under the Hindu Marriage Act.

However, the fact that you both agreed to voluntarily submit yourself to the jurisdiction with a view to divorcing each other with mutual consent means your case is among the few exceptions I adverted to above. In other words, your divorce is a valid one even in the eyes of the Indian law.

If you want to be sure that there is no trouble in the future, you can bring a suit for declaration based on the foreign divorce decree in India. The U.S. is not a reciprocating territory according to the CPC and decrees of the courts there aren’t enforceable as is; a separate suit needs to be filed based on the decree or the underlying cause of action or both, and then it’s for the Indian court to decide if the decree is valid or not.

Otherwise, you need only to produce your mutual-consent divorce decree before the marriage officer.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

Since the divorce is by the mutual consent file a declaration suit in family court the court shall declare same valid and you both can be legally divorced in India.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If it was a divorce on the grounds of Mutual consent in a US court, then it is valid in India.

You can proceed with your proposal to remarry another person by producing the US divorce decree duly apostilled and notarised by a notary of that country.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) Mutual Divorce done in foreign country are valid in India. So you can remarry again.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hi,

The divorce decree of US is valid in India and you need not to take another step for it. Just show certified copy of that court order and go for remarriage.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

No validation is required.

A mutual consent divorce is valid in India.

You may go ahead and marry.

Regard s

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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