Hello

       You married in India as per the hindu marriage act. The divorce can only be granted by an Indian family court. The foreign courts do not have the jurisdiction to pass a decree of divorce. Th he only exception is if you wife accepts the jurisdiction and hence the divorce and then if she has no objection then the divorce decree which was passed ex parte would be valid. Then only you can file for execution of the decree in India.

But if your wife does not accept the jurisdiction and the subsequent decree then the divorce is not valid.

Regards 

Your wife has not participated in divorce proceedings in USA 

2) she has not submitted to jurisdiction of US courts 

3) the divorce decree passed by US courts would not be valid in India 

She didn't appear in us court , she has not participated divorce proceedings in US and also not submitted jurisdiction

Getting divorce decree in above conditions in abroad is not valid in india, divorce would be validated in india by only your wife's acceptence of divorce decree of US court

You need to file divorce in india before family court

1. The ex parte divorce granted in USA is not valid in india if your wife disputesz it.

2. So do not remarry till your wife comes to know about this divorce and reamrries.

3. Another option is to make her agree for a mutual divorce in india and get it done. In this case you are likely to pay her an agreed amount as permanent alimony.

Sir your divorce is not valid in India for reason firstly your marriage happened as per Hindu marriage so Indian court had proper jurisdiction.

Secondly the proceedings we ex-parte.

So if you marry again without proper divorce in India your wife can file a bigamy criminal case over you. And second marriage is not valid 

1) Foreign Court Divorce decree is not valid in India, only Mutual Consent Divorce took place in foreign country are valid in India.

2) If you have to perform second marriage in India than your first marriage should be dissolved.

a foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

1. As per the information mentioned in the present query, makes it clear that you got married in India, and fit decree of divorced in US.
2. Though it is mandatory in some states of our country to get the marriage registered.
3. But, if you fail to do so, still neither there is no penalty for the same nor marriage become void.
4. Yes, the decree obtained in US is also valid, if both the partners were residing in the same country where it was obtained.

1. If you marry in US then also your wife has a right to file FIR in India.

2. See you need to file for divorce or either declaration of US divorce valid in India. There is no other way to communicate to court. You need a court order for same.

As per Indian law your divorce is not valid, Marrying another woman, during life time of wife without taking divorce is an offence of Bigamy under 494 of IPC  its a crime. 

Your marriage would be valid in USA 

2) however your first wife can file petition in India that divorce decree passed by US courts is not valid 

3) she can file case of bigamy against you under section 494 of IPC 

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

1) If you marry in US still you have to get divorce in India from your first wife.

2) In India you better get Mutual Consent Divorce.

Even after a degree from the US court and if you go for marry you will not be given divorce in India and your previous marriage will be valid in India only as you are Indian you can be punished in India for bigamy in case you marry before the ratification of your divorce in India.

Please note that the bigamy is punishable in India

Hello,

First of all if you are sure that you are not going to come here it is okay . However I would like to suggest you to file a divorce suit and file the judgement copy . 

Regards.

If the grounds on which you got a divorce decree in US are in agreement/conformity with the grounds on which a divorce can be sought  under Hindu Marriage Act  then decree  would be valid in India provided the defendant got fair opportunity to contest the petition. Fair opportunity includes that she had proper resources to contest the suit. 

A declaratory suit can be filed in India to get declaration as to validity of the foreign decree in India.

File execution of divorce degree in India.

1 this is not permissable to remarry without divorce with first wife, this is offense in india your wife can file case of bigamy against you before the court

Divorce decree by US court is invalid in india 

2 declare before court about divorce decree by US court, file petition for declarations

See based on her acceptance you can file a declaration petition in family court in India to declare the divorce valid and your marital statuse divorced, her acceptance can be considered as evidence.

her participation in divorce proceedings is not on record in court order 

2) you can rely upon email messages exchanged with wife 

3) file petition under section 7 of family court act that marriage is dissolved by US divorce decree 

I am afraid that wouldn't be enough to debar her from challenging the decree in India. You hv not mentioned the ground on which divorce is granted. That is important. 

Her knowledge about the proceedings and keeping quiet may help you to rebut her non participation in proceeding but ground of divorce and other condition in HMA are vital.

The exparte divorce decree granted by US court is not recognized as valid divorce in India.

1. You have got a divorce in US hence there wont be any problem in getting remarried in US whereas it is void as per Indian laws.

2. You cannot get the US exparte divorce validated in India.

You are under a misguidance or misconception.

The exparte divorce granted in US is not recognized as valid divorce in India hence you cannot execute the same in India.

You can take this point also in execution petition but court will decide on merit after issuing her summons.

IF she agreed, good, if she refuse than court will examine on evidence whether she accepted divorce and if she dose not turn up in court than court will decide ex parte on the basis of evidence submitted by you.

1) She want exparte copy of court decree , os it does not mean its Mutual Consent Divorce.

You have to perform Mutual Consent Divorce in India.

Since this is an exparte divorce decree, you need to get this affirmed in a declaratory suit in India which must be filed in the Family Court under section 7 of the Family Courts Act. Once this procedure in done, your US divorce will be become concrete and binding and will have recognition in India as well.

Even if you do not follow the above process, you can remarry in US.