My answers are as follows:
- Can I marry legally in India and get a marriage certificate, without getting an Indian divorce decree?
Ans: Yes, you can marry and get marriage certificate.
- Can I produce my US divorce decree at a Marriage Registrar Office to claim a second marriage certificate?
Ans: Yes, certainly along with second marriage proofs.
- My ex-husband tried to remove my name from his passport in USA and they said US divorce decree is not valid and they want a divorce decree from India. Some local lawyers also asked me to get an Indian divorce decree.
Ans: Yes, since you are married in India as per Hindu Marriage Act as such for more security purpose they put that condition. But Indian Courts recognize mutual divorce decrees but not ex parte divorce decrees.
4) Should I need to file an execution suit in India? I got divorce in November 2017. They say execution suit must be filed within 3 years.
Ans: You can file such execution or simply for another divorce case for getting divorce decree on the basis of mutual divorce decree of abroad court.
Problem is he is finding it difficult to come to India due to covid situation and his job which he will have to change.
Ans: you will get ex parte decree.
Kindly advice as I am already getting late for re-marriage.
Kindly explain the process.
My divorce decree was obtained from US Maryland court. There is no word in the decree that states divorce by "mutual consent". It states a voluntary seperation and property settlement agreement is incorporated but not merged. Is this considered a valid divorce by mutual consent decree in India?
Ans: If your presence was recorded in such proceedings then it is okay.
VALIDITY DIVORCE GIVEN BY FOREIGN COURT
NOT VALID AS HINDU LAW IS NOT IN EXISTENCE IN FOREIGN LAW……EXCEPTIONS
The key rule laid by the Supreme Court can be summed up as follows: If a couple is married under Hindu law, (a) the foreign court that grants divorce must be acceptable under Hindu law; and (b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law. The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce. The exceptions that Supreme Court has permitted to the above rule laid by it are as follows in a case where husband has filed for divorce in a foreign land: A) The wife must be domiciled and permanently resident of that foreign land AND the foreign court should decide the case based on Hindu Marriage Act. B) The wife voluntarily and effectively attends the court proceedings and contests the claim on grounds of divorce as permitted under Hindu Marriage Act. C) The wife consents to grant of divorce.
A foreign Court Judgment and decree on divorce is as valid as it granted by Indian Court. But it has some restrictions. For this i discuss the provisions of law in this regard. Section 13 and 14 of CPC provided the provisions regarding the admissibility and enforceability of foreign judgments. Under Section 14 of the Civil Procedure Code, a presumption arises that the foreign judgment produced before the Court, was pronounced by a Court of competent jurisdiction. But, it is a rebuttable presumption. Section 13 of the Code makes a foreign judgment conclusive as to any matter thereby directly adjudicated between the same parties. But, Section 13 lists out six exceptions to the general rule that a foreign judgment is conclusive. The exceptions are :
(i) where it was not pronounced by a Court of competent jurisdiction;
(ii) where it was not given on the merits of the case;
(iii) where it appears on the face of the proceedings to be founded on an incorrect view of International Law or a refusal to recognise law of India;
(iv) where the proceedings were opposed to natural justice;
(v) where it was obtained by fraud; and
(vi)where it sustains a claim founded on a breach of any law in force in India.