Hi, My wife and I (both Hindus) are planning to apply for a Divorce (married for 5.5 years). It is a no fault divorce and California calls it "Irreconcilable differences". We do not have kids and financial disputes. We both are in the US so we think applying it here would be simpler and faster. The internet is full of answers which say that "Irreconcilable differences" is not recognized as a divorce ground in India. But we think this law was changed/amended in 2012. 1. Can anyone please confirm this? 2. Since it is a "Irreconcilable differences" divorce, can anyone please confirm that our divorce would be valid in India? 3. Can her or me get into legal troubles whenever one of us goes back to India for good? 4. Can both of us remarry after the US divorce, without any trouble? Thank you.
1) irreconcilable differences is not valid ground for divorce in India
2)divorce decree would not be valid in India
3) if divorce decree is obtained abroad it would not be valid in India
4) divorce by mutual consent would be valid in India
5) you cannot remarry in India after US decree of irreconcilable differences
Hi
Get divorced in US for whatever the reasons.
Get it recognized in India by informing the authorities about the divorce.
Yes you can remarry after the US divorce.
Therz nothing to worry about.
Thanks
If you're married in India and now what to take divorce from each other. If you both are living in the USA kindly go for Mutual Consent Divorce that will be valid in India and not "no fault divorce" or any foreign sovereignty order.
First you have to prepare MoU for Mutual Consent Divorce and apply in the court and take signature and seal of judge and court of California State or district wherever you're going to apply for it. This will be valid in India.
After MCD you both can remarry.
1. Irritrievable breakdown of marriage is not a ground under Hindu Marriage Act.
2. The divorce obtained from US Court under the ground of "Irretrievable breakdown of Marriage" is not recognised and not valid in India.
3. Whenever you or your spouse visit India after US Divorce, still the authorities do not recognize the US Divorce and consider both of you as husband and wife only. Problem with respect to any change of name after divorce mentioned in the passports may land you in trouble.
4. It's advised to obtain divorce from Indian Court and then remarry, after the appeal period is over. If you remarry after US Divorce, in India it will not be recognised.
It's advisable to opt for Mutual Consent Divorce in India.
1. Let you convince your spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
1 See in case you and your wife take a mutual divorce I.e. both of you consent for divorce in US then only same is valid in India.
2. The ground of irrevocable difference is not recognised in India only on condition that divorce is mutual it shall be valid.
3. See you won't get 8n trouble till you or your wife don't file any case in India.
4. If mutual divorce yes.
1. Well, foreign divorce if passed ex parte is not recognised in India. However when both of agree for the same and submit yourselves to the jurisdiction of foreign court amicably then irrespective of the grounds of divorce the same is binding upon both of you.
2. Yes
3. No
4. Yes
California only allows divorce on the grounds of 1. irreconcilable differences. or 2. permanent legal incapacity to make decisions. 1. Then how can we apply for a "Mutual Consent Divorce" here ? 2. The first form/petition that needs to be filled out (FL100) has only the above two options. How to ask for a "mutual consent" divorce? 2. Will an additional "Marital Separation and Property Settlement Agreement" suffice as a MoU and divorce by mutual consent? Or do I need to ask the court to provide an additional sort of paper?
Hello,
Go for divorce in California and file a divorce case here in India. There will be no difficulty in future
Regards
If divorce is allowed only in 2 grounds you cannot obtain divorce by mutual consent
2) your divorce decree should mention divorce has been granted with consent of parties
3) better option is to file for divorce by mutual consent in India
4) you can execute POA in favour of family member
5) personal presence would not be required
6) virtual presence through Skype is sufficient
Divorce on grounds of Irreconcilable differences cannot be granted in India. In 2010 a bill was introduced in the parliament but was never passed hence failed to become law.
The mutual consent divorce is similar to irreconcilable differences as both are granted without any further enquiries or trial. You should go ahead and file this. She must be present in the US district courts when the divorce is granted.
Also an execution application is to be filed so that the decree is final and enforceable in India.
1. You & your wife can jointly file for Mutual Consent Divorce in India by giving Vakalath to a Lawyer and your presence will be needed at the most twice.
2. Since US is not recognised as a repository country, divorce obtained from US Court is not recognised in India. Please opt for Mutual Consent Divorce and obtain it from Indian Court only.
3. Divorce decrees/judgements delivered from non-reciprocating territories such as US, can be enforced only by filing a law suit in an Indian Court for a judgement based on foreign judgement.
1. See if you and wife jointly agree for divorce on irrevocable differences and same is recorded in court order that you and she both consent form divorce it is valid.
2. The agreement can be made also in court order consent of both parties can be mentioned.
You can go for irreconcilable difference. It will not make any difference as you both consent to the divorce.
You can decide the same through any independent document or mou or consent terms for the same in court
When you are applying for mutual divorce then do so as per the prevailing law. You can insist on Indian law while subjecting yourself to the American jurisprudence.
Dear Sir,
The following information may kindly be read:
What are the Grounds for Divorce?
When you head to the courthouse to file for divorce, you need to identify the reasons, or “grounds” for ending your marriage. If you’re seeking a “fault” divorce, you’ll have state and prove at trial that your spouse's bad behavior caused the divorce. Some examples of fault grounds are:
Alternatively, you can seek a divorce based on irreconcilable differences, also called a “no fault” divorce.
You might be tempted to seek a fault divorce because you want to list everything your spouse did wrong in your divorce complaint. However, this may not give you much of an advantage.
What’s a No-Fault Divorce?
Every state offers some sort of no-fault divorce. Most states refer to this marital breakdown as “irreconcilable differences.” What that this means is that you and your spouse’s basic fundamental differences make it impossible to stay married. For some couples, arguments over child discipline, politics, finances, or religion are severe enough to drive a permanent wedge in the marriage. Other couples may want a divorce because they fight a lot, have personality conflicts, or simply don’t trust each other. Whatever your differences with your spouse, they must be permanent enough that your marriage has become irretrievably broken. You don’t have to place blame or prove fault in a no-fault divorce, but you’ll need to attest that your marriage is broken beyond repair.
Should I File for Divorce Based on Irreconcilable Differences?
You might be tempted to seek a fault divorce because you want to list everything your spouse did wrong in your divorce complaint. However, this may not give you much of an advantage in the divorce, because most courts divide marital property equitably (fairly) or based on community property laws and won’t consider either spouse’s fault. Therefore, it won’t matter if you file for a fault or no-fault divorce. For example, in Utah--like most other states--judges consider the following factors when dividing property:
While most states won’t consider a spouse’s marital misconduct when divvying up property, a spouse’s fault can affect alimony in Utah and other states. For example, a court may order a cheating spouse to pay more alimony, and if the spouse asking for alimony was a domestic abuser or adulterer, a judge can reduce the support amount or deny alimony altogether.
No-fault divorces are usually faster and less expensive that fault-based divorces because you don’t have to go to trial to prove that bad conduct actually happened. Although alleging your spouse’s fault can impact some issues in your divorce, it will also certainly drive up costs, conflict, and animosity. So, it’s important to weigh the pros and cons of a both types of divorce to determine what's the best choice for your case. The rules governing fault and no-fault divorces vary from state to state, so it’s important to consult with your own attorney for advice.
Do My Spouse and I Have to Agree on a No-Fault Divorce?
In most states, if you plead irreconcilable differences, you and your spouse won’t have to “agree” that your marriage is permanently broken. Even if your spouse wants to stay married and refuses to cooperate, a judge can still grant you a no-fault divorce. By the same token, you can get a no-fault divorce even if you and your spouse agree on all issues.
Many couples avoid costly divorce trials by reaching a divorce settlement through mediation or on their own. You and your spouse can resolve property division, child custody, support, and visitation issues together and still obtain a no-fault divorce. Nevertheless, it’s a good idea to hire a local divorce attorney to review any divorce settlement. An experienced family law attorney can ensure that you’ve completed your paperwork properly and advise you on the legal consequences of your divorce
1. No. Law has not changed accepting irreconcilable difference as a ground for passing decree of divorce.
2. The said decree of divorce obtained by you in USA is not valid in India. You are required to take the decree of divorce in USA by jointly applying for the same with mutual consent wherein both the parties should appear before the Court during hearings.Such type of mutual consent divorce obtained in foreign court is acceptable in India. If your said decree of divorce has been obtained by jointly applying and both of you were present during the hearings, then it will be considered as valid in India calling it as Mutual Consent Divorce. However, even the decree of MCD shall have to be validated by your local Indian District Judge for which you shall have to file an application before him.
3. None of you will face any legal trouble in India for getting a decree of divorce in India. However, you both shall be considered as legally married coupe in India and she will have all the facilities and amenities and also claims, an Indian wife is legally entitled to.
4. If any of you remarry in India without getting the valid decree of divorce in India then he/she alongwith his/her bride/groom shall be booked for committing bigamy u/s494 of IPC punishable with jail term for a maximum period of 7 years with fine.
1. In your application to be filed before the appropriate District Judge in India, you both shall have to state that the said divorce was mutually consented due to irreconcilable difference and also that she has agreed for and availed the share of the property settled by the Court to prove her consent for the said divorce.
2. You shall have to show that yours is a MCD decree passed by the USA Court which is requyired to be valid by the Indian District Judge.
- 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 US Court will also not be recognized by Indian Court.Ex-parte means , One party divorce.
- Hence, if the foreign court has granted divorce on the ground of irreconcilable difference or irretrievable breakdown of marriage or similar no fault ground' , then court in India will not recognize the foreign divorce because this is not a ground for divorce under Indian divorce law.
1. Divorce by irreconcilable difference will not be recognised in India.
2. You should go for mutual consent divorce from US court.
3. No there would not be any legal trouble in India for both of you.
4. Yes you both can remarry again in India with different persons after declaration of divorce in Indian.
1. When the foreign court grants a divorce on a ground that is not recognized in India such as 'irreconcilable differences/irretrievable breakdown of marriage', it is not a valid divorce in India. ... If the decree is obtained from fraud or misrepresentation of facts, it is not valid in India.
2. As per the General Principle of Law (Section 13 of Code of Civil Procedure), a foreign decree is conclusive in India on the basis of Res Judicata- that is when a matter has been adjudicated by the court, it should not be agitated again and again- to save judicial time and expense. Therefore, a foreign divorce should be valid in India.
But in exceptional circumstances, such a decree would be invalid in India and some of these circumstances are as follows:
Therefore, any party may file for a divorce in a foreign country, however, it is the circumstances of the case that will decide whether the decree of the foreign court will be binding on Indian Courts or not. Nowadays, many people have made a mockery of this pious relationship, where it is mostly the woman who faces most grievances.
3. Even though it is invalid, there is no problem for you both to visit India post this divorce decree in US, it may become problem only if either of you object to this especially if the other party is trying to remarry another person.
4. If you both do not raise any objection to each other's remarriage then that may not be a problem, however the US divorce is invalid in India for the reasons stated by you.
If there is no law allowing a divorce on mutual consent divorce then it is their law for which there is o anser in Indian law.
As far as Indian law is concerned, this form of divorce is invalid in India, hence you may decide what can be done on it instead of trying to enforce other country law in India.
If there is no provision in law in California for mutual consent divorce, then you may apply for the same in India instead of looking for excuses like this.
1/2. Irreconcilable differences is not a valid ground for divorce under the Indian marriage laws and hence would not be considered valid in India.
3. No
4. You cannot get married after getting a decree of divorce from US courts on the grounds of Irreconcilable differences as you will be legally considered married as per Indian laws. You can get mutual consent divorce from court of USA and file for declaration in Indian Court to validate that the foreign divorce decree. Then only you can get married.
1. You will have to discuss that with your lawyer in USA.
2. You would need a decree from the family court abroad stating that your marriage has been dissolved by way of mutual consent between the parties.
1. You will have to discuss that with your lawyer in USA.
2. You would need a decree from the family court abroad stating that your marriage has been dissolved by way of mutual consent between the parties.
Your MoU signed by court order will be MCD order.