No complaint divorce not valid in India but since both parties agree to it and not challenge the same in India, no offense of bigamy if he remarries in India.

It must be NO FAULT DIVORCE, this form of divorce is not valid in India. 

This happened 17 years ago and no objection has been raised by ex- wife till date as such I do not think that there is any problem in getting married now. 

Where was the marriage solemnized? 

Regards 

Since wife has participated in divorce proceedings filed her appearance divorce decree would be valid in India 

husband is at liberty to remarry in india 

he can file petition for declaration that marriage is dissolved by USA divorce decree 

See the divorce as such is not valid if the marriage was in India and as per hindu law as for that proper jurisdiction is India for divorce and Hindu marriage act. 

See since the divorce is not challanged for all that time he can marry the lady in India and there may be no problem but it is better to file declaration of divorce in India and then go for marriage.

ex parte(uncontested divorce) of overseas courts are not valid in India.  if both spouses present during proceedings then it is valid divorce. 

before marrying he need to file declaration of divorce in indian court then he can remarry. 

It would be valid divorce as a contested divorce decree by foreign court is fully valid and legally binding in India as both the parties had submitted to the jurisdiction of the court abroad if the ground of divorce was as per the recognised under Hindu Marriage Act, but no complaint Divorce is not valid.

He will how to file for divorce in India, if the marriage was solemnized in India.

Last judgment will suffice. In marriage form have to disclose marital status so last divorce order will enclose. ,

It can be registered in Mumbai or Kolkata if husband is residing in said city or marriage was solemnised in said cities 

2) enclose  both the divorce judgments 

If it's a mutual consent divorce then it will be valid in India once validated in court. Only if it's objected by wife the same can come in a problem

The marriage has to be registered at place of marriage.

The copy of both divorce will be required since he has to.declare.the previous marriages .

Foreign court divorce order is not valid only mutual consent divorce took place in foreign countries are valid in the Indian court.

Kindly provide both the marriage and divorce date sequence wise.

Plus where are both the wives and what they're doing as of now.

So we will be able to provide you correct direction.

Yes it will be a valid marriage in India because a contested divorce of foreign court is acceptable in India. 

The last divorve judgement will be enough but if you have both judgements than nothing is better than this. 

Yes it will be a valid marriage in India because a contested divorce of foreign court is acceptable in India. 

The last divorve judgement will be enough but if you have both judgements than nothing is better than this. 

It is advisable to file petition that marriage is dissolved by US divorce decree

2) it may take around 3 months or so 

3) he should remain present for filing petition in India 

See it would be better though the order is not challanged for so long he can.go ahead with marriage.

He can give power of attorney to any.relative in India to file and sign petition and.vakalat nama on his behalf.

marraige has to be registered were husband or wife residing. you have to enclose both divorce judgments. 

Yes you need to file a petition with the US decree.  It will take sometime 

On behalf of him you can file for divorce case you need to have POA signed in front of Indian Embassy on your name.

If both the parties are ready it may solve in month for Mutual Consent Divorce.

If wife was aggrieved than she should have challenge the divorce in India within 3 years, now barred by limitation.

Her no challenge the diovrce confirm the US order.

Dear Madam,

The following information may kindly be read:

When foreign court divorce decree will be valid or recognized or enforceable in India ?

Ans : It is a general rule that if one of the partners/ couple/party  contests divorce filed in Foreign Court  it would be said that he/she consented/ accepted  to the jurisdiction of that Court, in such a case the decree would be considered to be a conclusive or valid  one.

Where the wife consents to the grant of the relief by the foreign Court although the jurisdiction of the foreign Court is not in accordance with the provisions of the Matrimonial Law/ Private and Personal or International Laws  of the parties, to be valid and the judgment of such foreign Court to be conclusive.

How can I validate/ Enforce or Execute my foreign divorce decree in India ?

Ans: 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.

Enforcement of foreign divorce decree in India

The substantial questions of law which arise for consideration in this appeal are as to whether the foreign judgment passed by the Supreme Court in the State of New York is valid and binding on the parties and whether the said judgment dissolved the relationship of marriage between the parties.

The case made out by the plaintiff in the plaint that no other forum save and except the forum in India having jurisdiction to entertain proceedings under the Hindu Marriage Act 1955 is competent to pass a decree of divorce is not acceptable in law. That the relationship of marriage governed by the Hindu Marriage Act, 1955 can be dissloved by foreign decree of divorce has been long recognised by the Courts in India.The decision reported in AIR 1975 SC 105 (Smt. Satya v. Teja Singh) is a complete answer to the aforesaid question. Their Lordships have held that foreign decrees of divorce including decrees of Sister States are to be either accorded recognition or to be treated as invalid depending upon the circumstances of each case. Section 13 of the Code of Civil Procedure makes a foreign judgment conclusive as to any matter thereby directly adjudicated upon between the same parties except-

 Section 14, C.P.C. creates a presumption that a foreign judgment, certified copy of which has been produced was a judgment pronounced by a court of competent jurisdiction unless the contrary appears on the record, but such presumption may be displaced by proving want of jurisdiction. Thus a combined reading of Sections 13 and 14 of the Code of Civil Procedure makes the position of law clear that if a certified copy of a foreign judgment is produced in a court of law directly adjudicating upon any matter between the same parties, the same shall be presumed by a court to have been pronounced by a court of competent jurisdiction unless the contrary is proved.

Dear Madam

In response to query raised in your post the below mentioned provisions come into play:

Section 13 & section 14 of Code of Civil Procedure 1908 attract.

You need not file any petition / application for discussing about earlier marriage of your son in US.

The Marriage registration requirements will change from one state to another state.

However, the Application requires to give details of the earlier marriage / divorce, if same are shared it is enough.

If any question / challenge is made by your earlier Daughters-in-law under such circumstances, you have to respond.  Till then, forget the past and proceed with your plans to perform your son's marriage.

May God Bless Him !!! 

To answer your query in the correct perspective, it is necessary to understand where your son's first marriage to the Indian girl took place? If it was in USA, your son has nothing to worry and he can get married in India without any problem. 

If, however. his first marriage took place in India, then he would be required to execute the US Decree here before he can get married here again as as per Indian records, he is still married to that first lady.  Alternatively, he may get married to that lady in USA so as to avoid all hassles.   

Both the divorce decrees would be required to get remarried.

Yes. Suit for declaration of dissolution of marriage is mandatory for enforcement of foreign divorce decree. It will take atleast 6 months. His presence is not mandatory.

No fault divorce granted in USA or any country for the marriage solemnized in India as per Indian laws is not recognised as a legally valid divorce in India.

However if she had participated in the divorce proceedings in US and accepted the divorce decree and has not raised any objection to it in India or has not filed any suit to declare it as null and void and if she will not raise any objection to it in the future also, then he can very well marry another girl in India.

The marriage can be registered in the place where the marriage is solemnised.

The latest divorce decree copy can be produced to prove that he is a divorcee for registering the fresh marriage.

It is not necessary to file any such declaratory suit if ther is no objection on this by the ex-spouse in this regard.

There is no provision in law to declare the said divorce granted in US as legally valid, hence dont venture in any such thought.