1) divorce decree passed by US court by mutual consent would be valid in India 

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

3) no need to file for fresh divorce in India 

The divorce decree granted by a US court on the grounds of mutual consent for the marriage solemnised in India is very much valid in India provided both the parties to the marriage have participated in the divorce proceedings held in US.

You need have to do anything in furtherance in Indian court on this.

Dear Concerned, 

Yes - Your Divorce taken on mutually agreed terms in US is valid as it carries signature and mention presence of both the parties . Only those divorces which are taken ex-parte are not considered valid. 

Best of Luck 

1. Well, since it is consensual I would advise you to file it in India only.

2. Te divorce obtained on foreign soil even on mutual consent may be disputed in India on certain circumstances and to remove this probability it is advisable to get it from Indian court only.

3. If you do not see any future prospect of her turning around later on then you can proceed to get divorce in USA. Once she remarries after the divorce in USA you can consider that your worries have gone.

Any divorce decree in foreign country of Indian National is not valid in in India.

Divorce decree acquired in foreign country should be rectified in Indian family court by filing a divorce petition unusual ground undergrounds of divorce granted in foreign soil.

It is less time taking.

Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree shall accordance with under section 13 of the Civil Procedure Code, which deal with the validity of foreign decree.The foreign court divorce decree is valid in India, if the spouse had lived in that country and had consented to that country's jurisdiction and the decree being a contested or mutual one.If the decree is an exparte decree it cannot be executable in India.

Yes the mutual consent decree is valid in India. File a declaration suit before the family court in India to declare the divorce valid in India.

1. As per the information mentioned in the present query, makes it clear that you both were married in India as per Hindu rights and rituals, and now both have been living in US and here only go for the mutual consent divorce.
2. Let me tell you that if both the parties are residing in US and applying for the divorce on the ground which is also a ground for divorce in India then that would have all legality in India also.
3. As the Mutual Consent is also a ground in India for divorce. So, you need not to worry about it’s validity here.

Dear Querist

The Divorce granted by the US Court based on the Mutual Consent is valid in India as per section 13 & 14 of Civil Procedure Code-1908, hence there is no need for any other proceedings in India regarding divorce or nullify the marriage.

Get the certified copy of the Court order and Divorce Decree.

Feel Free to Call

1) Yes, Mutual Consent Divorce in USA is valid in India and on that base you can get divorce from Indian court easily.

1. If both of you attended divorce proceedings in US and if the ground for obtaining divorce is one of the grounds recognised under the Hindu Marriage Act, then you can obtain divorce in US. Practically it's not possible and only one option is if both of you agree for 'No fault divorce' and obtain a favourable decree, then it is equivalent to Mutual Consent Divorce under Hindu Marriage Act and will be recognised in India also. There will be no legal issues if the above procedure has been followed. 2. After obtaining divorce from US as 'No fault divorce', then there is no need to obtain divorce again in India, if both parties have participated in divorce proceedings. 3. If both the parties attended divorce proceedings and obtained favourable decree of divorce, then the parties can publish a Public Notice in Indian leading newspapers in local language of the province as well in English language papers giving wide publicity about the dissolution of their marriage, so that all connected people come to know about their parting through divorce. 4. Spouse cannot harass you by applying for divorce in Indian courts, if both have participated in the divorce proceedings in USA and ample opportunity was provided to both to air their grievances against each other during the court proceedings.

Dear Client,

MCD decree of foreign court valid in India. Only if it was granted on contested divorce than same shall  be assailable in India.

Mutual Consent divorce by a foreign court is enforceable and legally binding in Indian courts too.

You would need to file a declaration suit under Section 7 of Family Court's Act in order to make the divorce decree legally binding 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.

you need to file the same order in India and get the same verified by the court that Divorce which was actually given was a valid Divorce and as per Hindu Laws or not.

there are basic conditions which are needed to be followed in India, which foreign courts do not consider it necessary. thus makes the Foreign Decree void.

you need to file a fresh Divorce in India, else later any one of you can be caught for bigamy if later decides to marry again to someone other.

Dear Sir,

In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid in India and Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Act.

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

First, 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. The Court also see the judgments  passed by foreign court as per sec.13 of Civil Procedure Code .

Secondly, by filing a civil  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.

You do not need to apply for a fresh Divorce in India.  Since the Decree is passed by the US Court with the consent of both the parties, you simpliciter need to file proceedings to execute the US Decree in India

1. Divorce decree obtained in foreign court on grounds which is also accepted by Indian Law is accepted by the Indian courts. So, your MCD decree passed by the USA Court will be considered as valid by Indian court.

2. However, you shall have to file an application before the local District Judge in India praying for validating the said USA decree of decree passed by the USA court on the ground of mutual consent.

Yes valid if done as per due process.

As you both accepted  the jurisdiction of the foreign courts the divorce decree is valid in India but you have to file for execution of the decree.then only RH he decree would be a valid one.

Regards 

This will be treated as a valid divorce in India since this is a mutual consent divorce. No need to get this validated in India by way of filing a declaratory suit. 

It is valid in India unless challenged by you both. If it's mutual consent then there is no issue