Yes it's valid. You just need to validate the same in India through court. You can marry and get registered the same here

1) divorce granted by mutual consent in USA would be valid in India 

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

3) it should not take more than 4 months or so 

You have to file petition in India under section 7 of family court act 

2) you don’t need to go through divorce procedure again in India 

 No you need to file a execution or suit depending on decree as hereunder

By virtue of section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as a decree passed by the Indian district court.

A reciprocating territory is defined in Explanation I to section 44A as: "Reciprocating territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section, and "superior courts", with reference to any such territory, means such courts as may be specified in the said notification.

A judgment from a court of a reciprocating territory can be directly enforced in India by filing an execution application. Section 44A (1) of the CPC states that where a certified copy of a decree of any superior court of a reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court (meaning that the entire scheme of execution of decrees as laid down in Order 21 of the CPC will be applicable).

While filing the execution application the original certified copy of the decree along with a certificate from the superior court stating the extent to which the decree has been satisfied or adjusted has to be annexed to the application.

2. Filing a suit in case of decrees from non-reciprocating territories

Where a judgment or decree is not of a superior court of a reciprocating territory, a suit has to be filed in a court of competent jurisdiction in India on that foreign judgment or on the original cause of action or both.

In Marine Geotechnics LLC v/s Coastal Marine Construction & Engineering Ltd. 2014 (2) Bom CR 769, the Bombay High Court observed that in case of a decree from a non-reciprocating foreign territory, the decree holder should file, in a domestic Indian court of competent jurisdiction, a suit on that foreign decree or on the original, underlying cause of action, or both.

He cannot simply execute such a foreign decree. He can only execute the resulting domestic decree. To obtain that decree, he must show that the foreign decree, if he sues on it, satisfies the tests of section 13 of the CPC (as discussed above).

A suit on a foreign judgment/decree must be filed within a period of three years from the date of the judgment/decree.

Foreign court order is valid if the court adjudicate the dispute in accordance with Indian law. MCD decree of USA court shall be valid in India. Apply to indian civil court with a certified copy of the foreign court order to declare it valid in India. 

Get the mutual divorce decree apostilled in USA so that it can be used in India.

1. The decree of divorce passed by a foreign court in proceedings wherein both spouses participated is absolutely valid in India for all legal and practical reasons. You do not have to seek validation in India of the decree passed by the foreign court. By virtue of Section 13 CPC it is valid in India.

2. You are free to remarry in India.

3. It seems that registrar is a dolt. He cannot refuse to register the marriage. The remedy in your hands is to file a writ petition in the jurisdictional High Court to direct the registrar to register your marriage.

Hello, 

1) You will need to move an application in Chennai court having jurisdiction to declare that the Mutual Consent divorce, you obtained in USA is valid in India as you both had participated in the proceedings. 

2) The order issued by the court must then be submitted to the registrar of marriages in Chennai. 

See the mutual divorce done before US court in presence of both the parties is valid in India. You can file a declaration suit before the family court to declare divorce decree valid and married status divorcee.

It means filing a declaration of divorce before the family court. You don't have to go through divorce procedure only a petition is required to be filed seeking declaration of divorce.

Diverse allowed in US can be a ground for the diverse applied in India and allowed you need to file a divorce petition based on the mutual consent and the US degree allowed the diverse to get the diverse allowed by the family court in India until and unless you don't get the diverse in India you cannot get your marriage registered here in India it is necessary as you are Indian national and you got married in India

1. Well on the basis f USA mutual consent decree in many states marriage is registered. if not then you will have to file a suit for deceleration that the USA decree is valid and binding upon both of you and all.

2. Since your husband has remarried he may not agree for mutual divorce in India for the second time. 

3. Do as sated above. 

The decree of divorce should be declared to be valid by court of india. A notice shall be issued to your Ex -husband.

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras

Dear Madam,

Yes 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.

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.

Hello,

The mutual consent divorce in USA is valid in India and as per my knowledge there is no need for any validation. if the officer is saying that your decree is not valid then immediately apply an application under right to information act to ask about the law under which he is saying so. These questions are not common and rules changes from state to state so I am not very sure about the situation in south India but the method I told you will give you the answer and clarification. Generally there is some confusion about the status of judgments delivered outside India and this issue may be the result of it. In reply to your RTI application, either you will get the solution or you will find the root cause of the problem. Good luck.

regards

Gopender M

Mutual divorce is valid in India. No need to file petition to execute foreign court decree in India.

The sub-registrar office has raised a misconceived objection. This being a no fault divorce, he's is bound to register your marriage, without seeking any decree of an Indian COurt.

File a writ in the High Court and seek relevant direction against the sub registrar office. 

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.

Since, your divorce was ganted under mutual consent , hence the Decree granted by the USA Court is legal and ,Valid.

- Further this Decree is also binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code.

- This Decree not need to be validated in India and it will be considered conclusive/Final under the section 14 of the Civil Procedure Act.

- Hence, no need to validate the Divorce certificate issued from US from the Indian court as well.

- You are free to re- marriage and registered the same. 

- If, the Registrar in India is not agree to do the same , then you will have to approach the family court for getting the order in your support . 

The mutual consent divorce was done in USA and afterwards you didn't pursue the matter further. There are certain issues that have to be resolved before the divorce is validated in India too.

You should obtain the decree of divorce and file for execution. after that the court shall send a notice to the opposite party and if your former husband has no issues the decree shall be grantwd by the Indian courts.

Regards 

You can appoint lawyer to file petition on your behalf 

2) your personal presence would be necessary in court 

3) notice would be sent to your ex husband at address mentioned by you in your petition 

Mutual Consent Divorce took place in US is valid in India. Only concern here is that you don't have to show direct US order copy to marriage registrar. First you should take copy from court or your previous husband must have copy of Indian court. 

Kindly take court order copy from him. As he had performed second marriage and has child as of now. So he must have insert his second wife's name on passport.

So to insert name on passport he must has take Indian court divorce order on your US mutual consent order.

You can file a case for validation of divorce from USA in Indian court. 

No need to go for complete divorce case file case for declaration of divorce on basis of Mutual consent divorce from USA. 

You have to file a case in Chennai district court. Yes the court will send a notice to you in laws or your former husband's house.

A few months at the most.

You may file a declaration suit before court  to declare divorce decree valid. pls consult local family lawyer. 

As I said before, validation of a foreign decree is not required. The court cannot validate a foreign decree of divorce. 

See if any of relative in India you can give them power of attorney and appoint an Advocate. The court shall give notice to opponent registered address. See it is better he come and give consent for same the process shall be fast.

The petition can be filed in the place where you resiide.

Regards 

G.Rajaganapathy 

You can file application under section 7 of Family Court's Act to dissolve your marriage.

It will be concluded some where around 6 months time.

You can execute POA in favor of any of your friend/relative to file execution petition in court. It had to be present in 3 years, so barred by limitation and foreign court decree attained finality.

Dear Madam,

You can get divorce and there is no need for you to come to India. You need to appoint someone who is authorized to represent you preferably someone in blood relation and then divorce petition can be filed.

Can NRI file divorce case without coming to India?

Non-Resident Indians (NRI) settled abroad may want to have divorce by way of mutual consent (uncontested) or uncontested divorce in India without coming to India. In the past, this was not possible. However with the change in times, the courts have recognised that the persons were settled abroad are sometime not able to come to India to file divorce cases and be present here at all times. The courts have thus become more flexible in their approach while dealing with cases of Non-Resident Indians (NRI).

The recommended approach is that Non-Resident Indians (NRI) should come to India and contest their own cases while being present in India on specific dates given by their lawyers. This means they do not have to be present in India throughout the pendency of litigation. Generally such dates in divorce cases are few. However, in extreme circumstances if the Non-Resident Indians (NRI) is unable to come to India, divorce cases can be filed through power of attorney holder. Such power of attorney holder in a divorce case should be a close relative so that courts are more open to entertain petition filed through power of attorney holder.

In contested divorce matters, the person who is a party to divorce still has to come to India at least once to get divorce. This is so because the courts have the view that power of attorney holder is just a representative or an agent of the principle (the one whose party in a case). So an agent cannot be personally aware of what has happened with the principle and for giving evidence person knowledge of all the facts and circumstances is a must.

Some of the judgements in which courts have entertained petitions through power of attorney holders are as following –

Rajwant Singh Bains v. Kulwant Kaur Bains (P&H) 2014(3) PLR 320

Amrinder Singh v. Seerat Kaur 2017(3) PLR 679

You can appoint lawyer.  It takes time

The mutual consent divorce granted in USA is very much valid in India provided it was on the grounds of incompatibility.

But if it was on the grounds of no fault divorce then it is not considered as legally valid divorce in India.

In that case you can file a contested divorce case in India once again and you may ask your ex-husband to receive the summons and to abstain from appearing before court on the date of hearing after receiving the summons. 

This will enable you to get an exparte divorce within one or two months after which you can very well go for second marriage.

There is no such thing called as validation of US court divorce in India, you may have to file a divorce case either on the grounds of mutual consent or file a contested divorce case as suggested in my previous post which will be more effective and save your time.

As I opined that there is no provision to validate the US divorce decree in India, you may either have to file a declaration suit to declare the divorce granted in US as legally valid or to file a mutual consent divorce or to file a contested divorce.

In the above, your ex-husband's involvement is essential in the first two cases, but for the third one, you can get a exparte decree if he cooperates with you.

1. Decree of divorce availed in USA  will be considered as valid if and only if the said decree is adjudicated by the local District Judge in India against an application filed for the said purpose.

2. Unless the said foreign decree of divorce is validated in India both of you will be considered as husband and wife in India.

3. So, file an application before the local District Judge to get the said foreign decree of divorce obtained on mutual consent. Once it is validated by the District Judge your said divorce will be considered as valid and you shall be able to remarry as per law.

1. The MCD decree issued by the USA Court satisfies the grounds required for obtaining MCD in India. However, the Indian court is required to examine whether the decree of divorce on mutual consent as claimed by you was obtained  in accordance with Indian law or not for which the local District Judge is required to validate the said decree for which you shall have to file an application before him.

2. You won't have to file a divorce suit again, this validation will hardly take a month or two.

1. You shall have to sign the petition before the Advocate being present before him. It is as per law.

2. Your ex-husband will get a notice for giving his statement which he can submit through his Advocate.

3. In fact he should take interest in getting the said decree validated  in his own interest, since he has already remarried without the said validation and you can lodge a police complaint against him bringing the charge of bigamy u/s494 of IPC  punishable for a maximum period of 7 years with or without fine.