Mutual consent divorce or contested divorce decree by a foreign Court is enforceable and legally binding in India.

In case of Uncontested divorce, the same is not valid if passed by a foreign Court.

In india it wont get recognised, so better do it in india

The parties can file for mutual consent divorce in a court abroad which would be legally binding as per laws of India as both the parties submit to the jurisdiction of the foreign court and hence the same would be valid.

Uncontested divorce won't be valid here in India.

You need to file in india, US divorce wont be recognised here, your wife will get an open option to screw the hell outta you, by filing maintenance case, if she gets poisoned by someone, rest is upon you

Divorce decree passed by mutual consent would be valid in India 

2) you can file petition under section 7 of family courts act to validate US divorce decree 

You can file fir divorce in USA or in India 

better to file petition for divorce by mutual consent in India 

If you take divorce on ground of mutual consent the same would be valid in India.

But I will still advise you to file divorce in India.

Mutual consent divorce can ve validated in India it will be valid.

You can file mutual divorce in US . If both of you accept the validity of US court then it can be acceptable in India.As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court.

Better suggestion is you shall file divorce petition India. When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together

1. Well, decree of divorce granted in USA ex parte is not considered to be valid in India.

2. However if the same is mutual consent divorce then the other party can not challenge it anymore in India , more so, when at that material point of time he/she was ordinary resident of USA.

3. Nevertheless, if there is an option or consent for mutual divorce to be obtained from Indian court then do file it from India only.

Good luck.

1. As per the information mentioned in the present query, makes it clear that you both had Marie’s in India, but now have been residing in US only since long.
2. There are two requirements to be fulfilled by you for not getting it filed again in India, which are below:-

          Firstly, the ground which you are seeking for divorce, should also be a ground in Indian law of divorce (which is as per the query, mutual divorce and in India also we have that)

          Secondly, both the parties should be residing as the place where the divorce decree has been granted.

Now. as per the above mentioned information, you can very well proceed further with the divorce proceedings in US only.

No. Indian courts are not bound by foreign judgements.

So even if you get a divorce in US you still have to apply mutual consent divorce here in India. If you don't, then at a later point either of the party can challenge the US judgement here in India.

If both the parties are consenting you can take divorce in us. It's valid in India once you validate the same here

If you take divorce by mutual consent then the same will be valid in India and will be recognised. Do not take no fault divorce 

Mutual consent divorce in US will be recognised in India as well.

regards

Yes you can take divorce in US but you need to get it rectified in India by filing a divorce petition if possible by mutual consent at divorce petition in family court where both the partners have to go together for divorce.

i would like to inform you that you can take a divorce in US,

1. if the divorce is by Mutual consent or  contested by both the parties then it is recognized and  legally binding in I    India.

2. Uncontested or ex- parte divorce decree are not valid in India.

If it is a contested decree , it is valid one in India and it can be executable in India. As per secton 14 of the CPS the foreign decree is a valid one. 

If you both agree for mutual consent divorce in US then the decree of divorce passed by a US court is valid in India, but if it is an exparte divorce then it may not be valid in India, you may have to apply afresh  on whatever grounds that you may rely upon.

The mutual consent divorce after both have participated in it, it is very much valid in India, you need not file a fresh divorce case in India again.

1. You are still holding Indian Passport and considered as Indian Citizen governed by Indian Law.

2. The decree of  mutual consent divorce passed by a foreign Court is valid in india provided  you get the saiud foreign decree validated by applying before the appropriate Indian District Judge.

3. So, it will be prudent on your part to file a MCD petition before the Indian court on agreed terms which will be decided within 6 & 1/2 months from the date of its filing. 

1. No foreign decree passed is considered to be valid in India unless it is filed on grounds acceptable by Indian law and tried/heared as per Indian law. 

2. So, mostly MCD decree is accetable by Indian court if it has been filed jointly and in that case you shall have to get the said foreign decree passed validated by the appropriate Indian District Court.

You can file it in United States or in India both the courts are having jurisdiction  to try the issue. Since both of you residing in United States you can file divorce application before the Court of United States and the degree of United States Court will be a valid one and can be executable in India.  Filing or pending the divorce application in United States Court will not restrain you to file a mutual consent to divorce application in India,  if both of you are willing to file it Indian Court.  You can simply withdraw the application pending before the US Court and can file an application for mutual consent to divorce in India. 

Hello,

You should see if the divorce decree meets the requirements of Indian Judicial system of not . 

Section 13 of CPC, 1908 . When foreign judgment not conclusive.

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;

(c) where it appears on the face of the proceedings to be 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;

(d) where the proceedings in which the 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].

Hope this helps.

Regards.

hello

        you can get divorced in India or abroad but the decree has to be executed in India. you have to file for execution. then only the divorce would be valid in India. it would be recognized in the USif mutual or even if it is a contested case if both of you attend.

regards

 US courts have the jurisdiction as you reside in US. The decree of US court will be valid in India for all legal and practical reasons.