Divorce by mutual consent obtained abroad would  be valid in India 

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

1.  Since both husband and wife submitted to the jurisdiction of the American court, there is no need to apply for declaratory decree further in India.

2. As long as the decree of divorce passed in USA is not challenged in India, both of you will be regarded as divorced couple only. 

If their marriage was dissolved by mutual consent with both parties participating in the divorce proceedings at US, then that divorce is valid in India. 

It need not be validated once again in India for any reason. 

If it is Mutual Consent Divorce than it will be accepted in the Indian Court of Law.

Before US court you have submitted the MoU of MCD and then got order its ok.

Unless and until both of don't go cross in India against each other in the India court it won't create any problem.

Foreign court decree is valid in India if it is adjudicated as per Indian law. 

Cerified copy of the order to filed in district court to approve it as valid in India. 

See the mutual divorce decree obtained from US court is valid in India. You can file a declaration suit in family court India to get US decree validated and declaration of your status in India.

If you both are in consent then you can validate your decree in India jointly. Once it's validated you will be treated as legally divorced in India too. 

Dear Sir,

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.

Orissa High Court

Dr. Padmini Mishra vs Dr. Ramesh Chandra Mishra

Equivalent citations: AIR 1991 Ori 263, II (1990) DMC 408

Author: P Mishra

Bench: P Misra

Validity and execution of Divorce Decree passed

The matrimonial laws differ from country to country. The issue of divorce decree not being valid crops up when the domicile of the partied is in one country and one of them obtains matrimonial relief in a foreign country. It has become a very common this of late that people after marriage migrate to different country either to stay there permanently or for temporary stay.

Analysis of divorce decree granted by Foreign Courts:

Divorce decree granted by Foreign Courts can be divided into two categories:

1. 
   Mutual consent divorce grated by Foreign Courts.
2. Decree granted in Contested Divorce.

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.

However, in a case where a divorce decree is granted by a Foreign Court in a contested divorce the answer to the question of validity of the divorce decree varies.

The cases in which the foreign divorce decree would not be considered conclusive:

• First, when an ex-parte decree is passed by a Foreign Court, it would not be valid and conclusive in India. A decree would be considered ex-parte if summons are not served on the opposite party.  However, if such decree was deliberately left to go ex-parte i.e. no summons are served on the opposite party then the Indian Courts would not allow this fraud.
• Secondly, divorce obtained on grounds other than the grounds enumerated under the Hindu Marriage Act if the parties were married under Hindu Law, as a divorce matter is governed by the law under which one gets married and not the law of the land where the party is residing.

A Foreign divorce decree shall be considered to be valid and conclusive in the following case:

• It is a general rule that if one of the partners contests divorce filed in Foreign Land it would be said that he/she consented to the jurisdiction of that Court, in such a case the decree would be considered to be a conclusive 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 of the parties, to be valid and the judgment of such foreign Court to be conclusive.

Execution of a foreign divorce decree:

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.
• Secondly, by filing a 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. Here the decree passed by the foreign court shall be considered as another piece of evidence.                                                                                                                                

Since you have obtained MCD from competent US court.  It is valid in India. 

However, you need to file an application in concerned Indian court for dissolution of your marriage on the basis of MCD obtained in US.

You need to append copy of the MCD decree obtained from US court for perusal and consideration of concerned court in India.

Based on which your marriage will be dissolved and your marriage will be dissolved and decree will be given.

- Yes, very well they shall have to file the Decree suit to get the foreign order to be authorized in India and to get it updated in Govt. Record.

- If the foreign decree is not registered and acknowledged by the court, you shall face the consequences. 

Regards

Vivek Arya 

You need to get the US divorce decree validated in India by presenting the proofs in Indian court.

Thanks 

you have to get the decree executed by way of filing a declaration suit in India 

No need of any declaration, mutual divorce decree valid in India.

divorce is valid as both spouses has given consent for divorce so it is binding on both the parties. Both spouses may produce the decree of US court and file declaration suit before District family court .

1. They shall have to get the said foreign decree of divorce obtained on ground acceptable by Indian law validated by Indian court.

2. An application shall have to be filed before the appropriate Distreict Court  praying for validating the above foreign decree of divorce.

3. Till the said foreign decree is validated by Indian court, both of them shall be considfered as legally married couple as per Indian law.

 - 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. 

- Since, both have accepted US Jurisdiction and got divorce decree on the ground of Mutual settlement , hence the divorce Decree passed by the US court is very much valid in India for all purpose, and no need to validate the said decree .

- In India record purposes, the couple would be considered as divorce for all purposes.

US decree is valid in India. But you have to file an execution application for enforcement of the decree.

1. Foreign decree of divorce is valid in India for all legal and practical reasons and cannot be impeached except on the ground of non compliance of principles of natural justice or that it has been passed on grounds which are alien to Indian law. 

2. Nothing has to be done in India after the passing of decree by the foreign court. 

1. If the divorce decree from US court is obtained through mutual consent then it will be valid in India.

2. No need to file declaration suit in India.