If the divorce decree is from outside India it has to be validated in Indian court after that the same will be valid in India

When it comes to matrimonial matters, the Indian Diaspora across the globe often gets fuddled up in conflict of Family laws. And especially when it comes to divorce, things are assumed to get all the more hay wired.

However little is it known that the position with respect to the matter pertinent is very much clear.

Indeed, the divorce petition can be filed as well as settled outside India even if the marriage has taken place in India.

As a general rule under Section 13 of the CPC, any foreign judgement is valid and conclusive in India if it does not falls under certain exceptions.

The Apex Court of India lay down and clarified the law for foreign matrimonial judgements in the country in the case of Y. Narsimha Rao and ors. vs. Y. Venkata Laxmi and anr.

Brief Facts of the case

Y. Narsimha Rao and Y. Venkata Laxmi were married in Tirupati, India as per Hindu Customs in 1975.

They separated in July 1978 and Mr. Rao filed a petition for dissolution of marriage in the Circuit Court of St. Louis County Missouri, USA.

The Circuit Court passed the decree for dissolution of marriage on February 19, 1980

On 2 November 1981 Mr. Rao married another woman.

Mrs. Laxmi filed a criminal complaint against Mr. Rao for the offence of bigamy.

Judgement

Although the Court did not recognize the decree passed by the US court but it did lay down the clear law with respect to divorce decree in such matters. The Court carved out the exceptions as to in which conditions the divorce decree would NOT be recognized in India.

Such exceptions are as follows:-

When the decree is granted by court which is not authorized by Indian courts to grant the same

When one side is not heard or his/her submission is not taken on record

When the divorce is granted on the ground which is not recognized under Indian matrimonial laws

When the proceedings are against principles of natural justice

When the decree is obtained by fraud

Thus if the divorce matter does not falls within the ambit of any of the exceptions mentioned here in above then it can be proceeded unhindered in any foreign court even if the marriage takes place in India.

Your divorce decree passed by mutual consent is 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  

NO, its not valid in India. Only Mutual Consent Divorce performed on foreign land is applicable in India.

One should have gone for Mutual Consent Divorce instead of No fault Divorce.

1. If the summons has been duly served on him in India then a decree for divorce passed by the court in CA will be valid in India for all legal and practical reasons unless the ground of divorce is alien to Indian law.

2. If he threatens you then a complaint can be filed against him under Section 506 IPC.

1. Divorce Decree granted by CA court is perfectly valid and legally final  in India and is irrefutable.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Harassment, Intimidation, Breach of Trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

See if the divorce was on mutual ground and your husband agreed for mutual separation then in that case divorce taken from CA is valid. You can file for declaration of divorce in the Family court in India. 

No, issued from US court is not valid in India until and unless it is rectified by the Indian family court this purpose you have to file divorce petition if possible mutually consented divorce petition to get the divorce rectified by the family court and issue actress divorce certificate which will enable you to go for marriage.

Until you get divorce degree from India your Indian wife will remain your wife and will have all the rights as wife.

Well, divorce proceeding even if taken into acknowledgement but not having participated in the same is not binding upon the party.

In other words if your wife refuses to attend the proceeding in USA and you get ex parte divorce in her absence would not be taken into account at valid divorce in India court.

So she can unleash all the legal options available to her in India and you will have keep those contesting rest of your life.

So better go for amicable settlement.

Hi

Yes your divorce is valid.

Just get it validated by submitting the divorce papers in Indian authorities. 

I mean to say that just inform the indian law about your already achieved divorce. 

Thanks 

Dear Madam,

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. ... The settlement reached at in California court would be ignored if the judgment of California court is not recognized by the Indian court.

Validity of California Divorce in India is one of the main question we get form the clients. Validity of California Divorce in India depends on many factors. However, most importantly the Validity of California Divorce in India depends on the validity of service of Summons on Respondent.

It not just about the divorce judgement, it is about the validity of foreign of foreign judgement in India, so do NOT use the shortcut to get the divorce to make sure the divorce order you have is also valid in India as well.

The simple answer is – ‘YES’.  The recognition and enforcement of foreign judgments and decrees in India are governed by Section 44-A, read with Section 13 of the Code of Civil Procedure 1908.

A foreign judgment which is conclusive under Section 13 of the code can be enforced under Section 44-A

For phone and threat complain to police. If your father is in Indian, he can file FIR on your behalf. Divorce can be challenge in India with in 3 years, If not challenged, valid.

As of now you are free to remarry.

1. The decree of divorce passed by foreign court on grounds and based on procedures not acceptable by Indian law is not acceptable by Indian courts and is not considered as valid in India.

2. In the given context, mutual consent divorce decree availed by filing the application and attending the proceedings jointly is considered as valid in India. Even in that case, the decree holders shall have to file an application before the Indian District Judge for validating the said foreign MCD decree passed by the foreign court.

3. You shall have to file a divorce  suit in India on appropriate ground like  cruelty and avail the decree of divorce from the Indian court as otherwise you two shall be considered as married couple in India as per law for all practical purposes.

 - As per law, 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 CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted , then it will be valid and binding in India. 

- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Furtner, Ex-parte decree of Divorce granted by California Court will also not be recognized by Indian Court. Ex-parte means , One party divorce.

- Hence, the divorce granted by the California state is not valid in India.

- For harassing and threatening , you should lodge your complaint against him , even online is complaint can be lodged from US.

mutual consent divorce granted by foreign Court is considered as valid. You can file declaration of divorce.

1. Ex-parte divorce of foreign court will not be considered as valid divorce in India.

2. If your husband is harassing you then you can lodge FIR against him in India for harassment and criminal intimidation when you come to India.

3. Till then you can enjoy your life in California by blocking him on all means of communication.

If he has not participated in the divorce proceedings and the divorce decree was granted in his absence as an exparte divorce then it may not be valid in India. 

He might have received the summons in India but if he preferred to not to participate in the divorce proceedings held in CA then the divorce granted by a court in CA is not recognized as a valid divorce as per Indian laws for the marriage solemnised in India.

You may have to file a fresh divorce in India if you plan to remarry in India.

As he signed those divorce papers the divorce is final and valid in India too. You should obtain a decree and file for execution in India.