• Divorce in USA married in India

Both me and my wife are in USA on independent Visa and both Indian citizens. We got married in India.
1) If we get divorced in USA would it be recognized in India?
2) If yes, after getting a divorce in USA, do I need to file any documents or go through any procedure in India?
Asked 14 days ago in Family Law from United States
Religion: Hindu

A foreign judgment can be executed in two ways in India. The ways are as follows:

  • Firstly, by filing an execution under Section 44A of the Civil Procedure Code. Section  44A states that a decree passed by Courts in reciprocating territories can be executed in India as if the decree was passed by the Indian Courts only.
  • Secondly, by filing a suit upon the foreign judgment/decree. For instance, the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India. Here the decree passed by the foreign court shall be considered as another piece of evidence. 

Siddharth Jain
Advocate, New Delhi
2520 Answers
28 Consultations

5.0 on 5.0

Dear Client,

If divorce by mutual consent than it`s valid.Contested divorce can assail by either party in India. Keep the certifiy copy divorce with you for ready reference, if needed in India.

Yogendra Singh Rajawat
Advocate, Jaipur
6468 Answers
5 Consultations

4.7 on 5.0

Divorce by mutual consent obtained abroad is valid in India 

 

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

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 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
3200 Answers
2 Consultations

4.5 on 5.0

 1. If it is a mutual divorce or a contested divorce on grounds as mentioned under hindu marriage act and both parties are there then yes it can be recognized in India,

2. Yes a declaration petition before family court for declaraing the US divorce valid in India and your marital status divorced.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

1. Yes, in case both of you participate in the US divorce proceedings and the same is not granted in absence of one of you.

2. No. However, doing this is optional.

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

1. Take a mutual consent divorce and the same will be valid in India. No need to get the same autheticated in india.

 

regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

1) In USA you can perform only Mutual Consent Divorce and that is only valid rest is invalid.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

If both of you are ready for divorce by way of mutual consent then it will be recognized in India too and there will be no need for any other documentation in India.

 

Feel free to call 

Nadeem Qureshi
Advocate, New Delhi
5015 Answers
236 Consultations

4.9 on 5.0

If both gets divorced in USA then its valid. You need to validate the said divorce in India if any of the parties challenge the same.If noone chalenges then no issue.

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

The divorce decree in USA is not valid in India and you have to follow a simple procedure to get the divorce decree retified by the Indian family court.

Both of you have to file a divorce petition in the family court based on the decree from the US Court and it will be rectified and recognised by the Indian judicial system and you will be granted divorce

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

1. If the decree of divorce is obtained in the USA by filing an application on grounds acceptable by Indian law like mutual cobnsent divorce, then the said decree of divorce passed by the foreign court will be considered as valid in India.

 

2. In the above eventt, you shall also have to file an application before the Distriuct Judge in India for getting the foreign drcree of divorce validated by him.

Krishna Kishore Ganguly
Advocate, Kolkata
20521 Answers
514 Consultations

5.0 on 5.0

1. Foreign divorce under certain conditions are not recognised in India. 

2. So to avoid future complications and since both of you agree to amicably settle the dispute this would be better if you apply for mutual divorce in india where only during final motion your physical presence would be required for once.

Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

Both of you are in USA and taking divorce under mutual consent is valid in india ,

Its optional, to declare before family court by filling declaratory petition that you got divorce in USA and same is valid in india

Dimple Jain
Advocate, Jodhpur
205 Answers

Not rated

Hello

       You are an Indian citizen who got married in India as per the hindu marriage act. The divorce can only be done before an Indian family court as per the hindu law.

You can get  a divorce in the USA but both of you have to accept the jurisdiction of the USA courts and submit to it. Then the divorce is valid and then too the decree passed by the foreign court has to be submitted before an Indian court and it would Make it final.

Regards 

Rahul Mishra
Advocate, Lucknow
1765 Answers
7 Consultations

5.0 on 5.0

1. If it is a divorce on the grounds of mutual consent or contested divorce, then the same will be re3cognised in India as legally valid divorce.

 

2.  Not necessary, you may proceed further if the divorce was granted under either of the above two options.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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