If she is contesting then it will be difficult to validate the decree in india. Still if you prove in Indian court while validation that enough opportunity was given to her then the same will be validated

US district courts do not have jurisdiction to try cases involving Indian citizens married under the Indian laws ie Hindu marriage act.

In your case as you both are contesting the case in US and have accepted the jurisdiction voluntarily hence you are subjected to US courts and law.

The decree so obtained would be a valid document of divorce in India and elsewhere.

You cannot again file and fight a case in India once this is settled in the US unless the grounds contested there are not available in India.

Irreconcilable differences ground is not available in India hence the problem.

You should withdraw your case from the US district court and then again file in India.

Even if she challenges it in Indian court you need to prove the aforesaid as stated. Then court will validate the same in india

If she has contested and lost a case before a court of law then that can be shown to the courts in India that those charges were pressed but not proved there. 

Yes they can be used.

Yes it's valid and needs to be validated in India. 

Since your wife is contesting divorce proceedings divorce decree obtained abroad would be valid in India 

2) you cna file petition under section 7 for declaration that marriage is dissolved by US divorce decree 

You can use written statement filed in Indian courts if she challenges it in future 

You have to file petition in India for declaration that marriage is dissolved by US divorce decree

2) in case she files for bigamy take the plea that wife has participated and contested divorce proceedings in US 

If the marriage was solemnized in India as per the Hindu Marriage Act and Hindu customs (which are not inconsistent with the statutory act) then the dissolution of marriage has to be done in India by an Indian Court

The parties are Hindus, the marriage was performed in India, so Hindu Marriage Act will apply and the divorce petition has to be filed in a family court in India

However you can use the US divorce proceedings as evidence in the case which you would file in India 

1. Irreconcilable differences is not a ground for divorce under Indian law, but if your wife has submitted herself to the jurisdiction of US court and is contesting the petition filed by you then the decree passed by the court in US will be valid for all legal and practical reasons in India.

2. If she subsequently files a petition in India to declare the decree not binding on her then you can fittingly contest her petition.

1. Her pleadings filed before the US court can be used in India if she were to file a case here.

2. You cannot be charged for bigamy if you remarry after 90 days from the decree unless the decree is stayed by an Indian court.

1. Since she has participated in the proceedings the decree cannot be impeached successfully in India.

2. If she challenges the decree after you remarry then you cannot be prosecuted for bigamy.

3. You do not have to file much less refile anything in the courts in India after you get the decree from US court The decree will be valid..

Amend your petition and seek divorce on grounds of mental 

since you’re wife has participated in divorce proceedings divorce decree would be valid in India 

3) you can file petition under section 7 of family court act for validating US divorce decree 

if she challenges the same after your appeal period then you will not be charged with any offence but if she challenges before then you can be in a problem. Even a contested divorce in Indian court will take time you can file the same too if you want

Decree passed by US court for divorce is not valid in India. You have to go for Mutual Consent Divorce in the USA. Because that will protect you from her future complaint in India. And MCD performed on foreign ground is valid in the India court.

So your MCD MoU  terms and conditions should be very strong.

Dear sir,

When it comes to validity of divorce decree in foreign court in India, an understanding of Section 13 CPC of Code of Civil Picture and the decision of Hon'ble Supreme Court of India in, Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi (1991) 3 SCC 451, are crucial. 

Summing up the effect, a divorce decree passed by the USA court would be recognized as a valid decree in India if the following conditions are satisfied:

- Divorce should be pronounced by a Court of competent jurisdiction in USA ;

- The decision was on merits of the case after contesting and giving sufficient opportunity to the wife to defend her case.

- It should not be in contravention of violation of natural justice (Judgeshould not be biased and wife should have been provided a fair opportunity to defend herself)

- It should be in accordance with the relevant Indian Law (Being a Hindu Couple married in India - Hindu Marriage Act in your case); and

- It should not have been obtained by practicing any fraud on the court.

Now in the present case there is no difficulty on any of the above ground EXCEPT that a divorce granted on the ground of 'Irreconcilable Differences' is not a ground of divorce under Hindu Marriage Act, 1956. Therefore if you obtain a divorce on ground if irreconcilable Differences, it would not be a vaild divorce as it is not passed in accordance to the Indian Law governing your case. 

If she fails to prove her case in USA on the ground of cruelty and domestic violence, and contests on the same grounds in India, then yes, in your defence you will be able to use the decree against her. As cruelty is recognized as a ground of divorce under Hindu Marriage Act and she has (would have) failed to prove it in the USA court.

As stated above, the decree on irreconcilable differences would not be recognized in India, hence she can prosecute you for bigamy.

Now the option available to you is either obtain a mutual consent divorce decree if you can convince your wife. mutual consent divorce is recognized under Hindu Marriage Act. Alternatively, you can obtain divorce on any other grounds available under Section 13 of Hindu Marriage Act such as desertion (from marital obligations) and/or mental cruelty. If your wife submits to the jurisdiction of the court and a decree of divorce is granted on merits, then yes, it would be recognized by Indian Courts and you can remarry.

Hope this helps. 

Best wishes!

1. The decree on ground of irreconcilable difference is not valid in India, since you are married in India the Indian court will be proper jurisdiction to file divorce proceedings. 

1. You may use same though the ground should be as per Hindu marriage act, you may ask your wife if she agree for mutual divorce since both you and she wants a divorce , you may validate a mutual divorce decree in India.

1. See the ground of irreconcilable difference is not recognized in India she may challange the decree in India even after divorce is granted .

1. See may file case of bigamy against you after you remarry in India, also may challange the US proceedings based on the ground. In my view you should file divorce in India you further she has alleged the DV against you though no proof of same is available so you may use her admission in your proceedings though it is on court to accept same or not.

In case for validating you file a declaration petition in Indian court it may take time secondly court may reject based on the reasoning of ground.

Get the divorce decree in US and get it validated in the marriages registrar office in India. 

That would be valid.

Ypu can remarry after that

You are right.  Since decree of divorce granted by American court is not recognised in India under any circumstances, to save your skin from facing criminal cases of bigamy or dowry harassment you apply for mutual divorce in India. 

This is the only full proof measure to avoid dispute post divorce. 

Dear Querist

As per Section 13 of Civil Procedure Code-1908, the Divorce Decree granted by Foreign Court are not conclusive, read as under:-

13. When foreign judgment not conclusive.

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of

1[India] in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in 1[India].

in your case, the divorce may be granted by the US Court based on "irreconcilable differences" as this is not a ground of divorce in India as per the Hindu Marriage Act-1955, hence your divorce granted by US Court shall not be recognized in India.

1. Where foreign court not authorized to grant divorce decree. Example: the divorce decree is passed by a court that does not have jurisdiction (meaning authority to decide) over the divorce matter, and the parties under divorce laws in India. This is the question of law, and requires careful examination of divorce laws of foreign country and India.
Generally, the court of place where marriage is solemnized (normally India) or where the parties last resided together as husband and wife, and where the opposite party resides (non applicant) has jurisdiction to decide the divorce.

2. Parties to the divorce must had opportunity to represent their case in the foreign court. If either party could not and did not get notice and full and fair opportunity to present their case before the foreign court, then the divorce judgment is improper and invalid and will not be recognized by courts in India.
When one party files the divorce case and serves divorce summon on the other party and the other party goes away to India, does not participate in the divorce proceeding before the foreign court, and the foreign court passes divorce decree based on the case present by only one party before the foreign court, then the courts in India will recognize the divorce decree passed by foreign court. However, the court in India may refuse to recognize the foreign divorce decree if there is any evidence that party could not be present in foreign court because of hardship or other problem. The court in India will look for evidence of fairness, good faith, and diligence of each party.

3. Foreign court granted divorce on a ground not recognized by Indian divorce law. Where the foreign court has granted divorce based on ” ‘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. Therefore, people from India getting no fault divorce in US can find that their foreign divorce may not be recognized by court in India and still married to the other party.

4. When the foreign divorce proceedings are against principles of Natural Justice. The principles of natural justice require that each party should have full, fair and legal opportunity to present their divorce case before the competent foreign court.
Let’s consider the situation where a party is in India and the other party files for divorce in a foreign court. So where a party in India is served with the summons of the divorce case (i.e. notice of case filing is sent and received by party in India), and the foreign court passes divorce decree, then such foreign divorce generally is recognized by courts in India unless there is clear evidence the party in India did not have ample opportunity to go to foreign court, and present the case in the foreign court. The court in India examines each foreign divorce decree closely to ensure parties had full and fair opportunity to participate in the case in the foreign court.

5. If there is fraud committed by a party to get the foreign divorce. If the examination of the foreign decree by court in India finds that one party in foreign court misrepresented facts on which foreign court granted the divorce decree then such decree will not be recognized by court in India. This can lead to a situation where a party may be divorced (and single) in foreign country yet be legally considered married under Indian law which can lead to bigamy charges against the foreign divorced party.

Feel Free to Call

Broadly Two Categories of Cases

Broadly speaking two categories of cases can be carved out on the basis whether the opposite party in the foreign court appeared and actively participated or not. Therefore, the subject can be easily stated under the following two heads:

(i) Did Not Attend Nor Actively Participated

The non-applicant always has an option not to attend nor actively participate in the foreign court proceedings. This would be taken as, the non-applicant did not submit to the jurisdiction of the foreign court. This, however, does not mean that the non-applicant is not even required to be served in the foreign court proceedings. Non-service would amount to denial of opportunity to be heard.

As the non-applicant did not submit to the jurisdiction, it is further said that this non-applicant did not chance a judgment in his/her favour. Challenge to the foreign court decree in such a situation may be entertained by the Indian courts. It cannot, therefore, be said that having participated, having submitted to the jurisdiction and having made submissions before the foreign court, now because the verdict of the foreign court is against the non-applicant, he is now challenging the same in the Indian court.

The non-applicant must be served with notice of the foreign court proceedings. Or else, the proceedings would be taken in law to be a nullity i.e. of no value in law. If this is a situation, Indian courts are likely to declare the entire foreign court proceedings as void.

(ii) Did Attend And Actively Participated

This question automatically answers itself, when contrasted with the above answer. Having attended and having participated, the non-applicant (respondent) in the foreign court cannot complain that he/she was not heard, if the respondent had voluntarily submitted to the jurisdiction of the foreign court. The respondent is free to make an alternative plea under the jurisdiction of the foreign court for grant of alimony or monthly maintenance. To adjudicate the same, the foreign court would be free to follow laws laid by its own land.

Another form of “attend and actively participate” is when the non-applicant consents to the passing of the decree of divorce.

Consequences of a Foreign Decree of Divorce Being Held as Invalid

Respondent cannot sit with the comfort that he/she has a decree for divorce from a foreign court. Consequences may appear soon thereafter or maybe years later. The other side may apply for its cancellation in the Indian court. In such an eventuality if:

       (i) The respondent remarries, he may be prosecuted for bigamy. Case in point is Y. Narasimha Rao v. Y. Venkata Lakshmi[10].

       (ii) Opposite party may file for maintenance.

       (iii) Issue of custody of children can be raised.

       (iv) Opposite party may claim share in the property of the respondent.

1. It's adviced to apply for divorce in India, preferably under Mutual Consent Divorce.

2. If the couple obtains divorce decree in USA  under irreconcilable differences then it will not be valid in India. However, if the couple opt for No fault divorce in USA, the same will be recognised in India.

3. Ex-parte divorce obtained from US will not be valid in India.

4. You can marry after obtaining favourable divorce decree from an Indian Court and only after the expiry of appeal period. If you remarry after the appeal period is over, your ex-wife can't accuse you of bigamy.

- You should know the below given laws of India :-

 1. 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.

2. 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. 

3. 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. 

4. Ex-parte decree of Divorce granted by US Court will also not be recognised by Indian Court. Ex-parte means , One party divorce. 

- Hence, if she couldn't prove cruelty in US and divorce decree is granted , it will be very much valid in India.

- Once you get the Decree of divorce after contesting the petition , then bigamy will not applied on you , and she can to file a case against you in India as well. 

Ground of irreconcilable differences is alien for Indian divorce law. Divorce decree not valid in India on this ground. To validate US decree in India, you have to file execution petition in district court to enforce US court order in India.

If Indian court declared the decree in valid, you may book for bigamy.

Dear Sir,

The decree passed by the foreign courts are fully valid in India as per the provisions of the Civil Procedure Code. 

Since the Divorce Filed on ground of Cruelty and the same is contested by you wife, on passing the Decree of Divorce on merits, it is valid in India.

You have no problem.  It will support you.

The Written Statement filed by your wife admitting that there are no proofs of Domestic Violence will support your case.

If she files any case in India, you case use it in your defence.

Yes, contested Divorce Decree awarded by competent US Court is valid in India.

Once you obtain Divorce Decree from Competent Court in US and get married it does not amount to Bigamy.

Further if she files any false case in India against you, the Contested Divorce Decree obtained by you and the Written Statement filed by her would come to  your rescue. 

Yes the Decree obtained by you will hold good in India.

Contested Divorce Decree passed by Competent court in USA is valid in India.

To avoid any complications, yon can file an application under Sec.7 of Family Court's Act by appending the above decree.

Your wife or any one can disturb you.

You can go ahead with your action plan after obtaining Divorce.

If you are granted divorce by a US court and if it is a contested divorce then it will be valid as per Indian laws however 'irreconcilable difference of opinion'  is not accepted as a valid reason or ground for divorce in India, in that event you may have to obtain a divorce again in India or file a declaratory suit to declare the aid divorce as legally valid in an Indian court. 

You may have to provide the documentary evidences to substantiate your claim.

You can collect the documents like her written statements, counters to your petition and any other useful depositions made by her before court in the form of a certified copy from the said court which can be used as your evidence in Indian court to defend your interest as well as to help you to process your divorce case successfully in India.

The US decree  of divorce on the grounds of irreconcilable difference is not a valid ground or reason nor it is legally recognised as per Indian laws.

You may have to either file a divorce case once again in India or to file a declaratory suit to declare the said divorce as a valid divorce.

 Once your divorce is legally recognised yo can very well go for remarriage.

There is no question of bigamy.

However you may have to get it legally recognised in India besides getting a divorce decree in USA.

The question is not about the evidence  available for DV or not,it depends on how you contest or prosecute your case.

You have been advised properly about what can be done if the US court is giving final verdict in the divorce case on the basis of irreconcilable difference as reason for divorce, which is not valid in India.

You may have to either file a divorce case once again or file a declaratory suit to validate your US divorce decree.

Until the Indian laws recognise your US divorce decree as legally valid decree as per Indian laws, your marital status shall remain as 'married' and not a divorcee.

  Hence you plan things accordingly after getting divorce in US on all such further issues.

You go through the suggestions made in many previous posts about the further action to be taken on this and follow it up or consult a local advocate and proceed on the suggestions received.

1. The decree of divorce if passed by the USA court in the said contested divorce case will not be considered as valid in India being a decree passed by a foreign court based on grounds prevailing as per foreign law.

2. So, you shall have to file the divorce suit in India afresh on the ground of cruelty submitting evidence in support of your allegation.

3. You can audio/video record all her conversations and abusive acts to submit as digital evidence to prove your ground.  

1. She need not challenge the decree of divorce if passed by the USA Court.

2. The said decree will not be considered as valid in India.

3. You shall have to file the divorce suit in India afresh on the ground of cruelty as suggested in my earlier post.

1. The decree of divorce passed by the foreign court on grounds not accepted by Indian law is not valid in India.

2. Only decree of divorce passed byb the foreign court based on mutual consent divorce application jointly filed by both of you shall be considered as valid since it matches with the grounds acceptable by Indian law. 

3. Even in the above case of MCD. you shall have to get the said foreign decree validated by the appropriate Indian District Judge.

1. You shall have to file the divorce suit in India on the ground of cruelty since the decree of divorce if passed by the USA court will not be considered as valid in India as explained in all my earlier posts.

2. Till you get the decree of divorce in India, both of you shall be considered as husband and wife as per Indian law and your subsequent marriage without obtaining the decree of divorce will be considered as invalid as per Indian law.

3. Moreover, if you remarry without obtaining the decree of divorce in India, both you and your second wife will be charged with the offence of bigamy u/s494 of IPC punishable with jail term for a maximum period of 7 years with or without fine.

4. Try hard to negotiate with her to jointly file a mutual consent divorce petition in India which will be disposed of within 6 & 1/2 months from the date of its filing.

if both the parties submit to the jurisdiction of the forigen courts, as per Sec 13 of CPC foreign divorce decree is valid in India . 

1. Yes contested divorce decree from US court will be considered valid in India but make sure US court doesn't pass Ex-parte divorce decree.

2. No it will not be problem in divorce case but your wife can lodge false FIR and domestic violence case against you. 

3. Once you get contest divorce decree from US court then it will be a proof that your wife was present at time of divorce and if she challenge your second marriage then she must have filed appeal in appellate court in US. 

A divorce on grounds of irreconcilable differences does not exist in India. However it does in USA. Therefore you should file a no fault divorce which is available in India ie mutual consent divorce if she is ready. That is recognized.

Otherwise take divorce under irreconcilable differences and then file a decree for execution in the supreme court. It grants divorce under exceptional circumstances.

You may also file a divorce petition in India and if she does not attend the proceedings the divorce decree can be granted ex parte. This can also be done.