• Getting divorced in USA. Marriage registered in India.

I got married in nov 2012 in india and want to start mutual consent divorce in USA. We do not have any kids. We own a joint property in India
I read online and yes MCD is possible in USA and it will be valid in India also. I have some questions:
1. Lawyer in USA says that we can come to property agreement for indian property as well and it will be honored in India. Is that correct?
2. Are there any specific things i need to tell my USA lawyer so that the divorce is valid in india also? Any policies or things he should take care of?
Asked 30 days ago in Family Law
Religion: Hindu

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20 Answers

Yes an agreement can be drawn up and the decree by the US district court will mention the details. The decree can then be executed in India.

The mutual consent divorce petition has to state each issues like property, alimony maintenance, no civil or criminal liability shall be imposed.

Being citizens of India no false and frivolous cases should be filed in India. The parties shouldn't pursue any legal remedies in their home country.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

1. Yes only if that decree is validated in India

2. No you need to again validate the same in Indian court

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Divorce granted by mutual consent would be valid in India 

 

2) property agreement would be valid in India 

 

3) you would have to file petition in family court in India for declaration that marriage is dissolved by US divorce decree 

Ajay Sethi
Advocate, Mumbai
79342 Answers
4745 Consultations

5.0 on 5.0

1. property agreement, duly registered, is valid in India,

2. In the case of a 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.

3. don't forget to draft a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,

some basic points to keep in mind and put in writing through an #MOU before filing the petition for #mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), quash/withdraw of #pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, streedhan, future litigation, etc. 

Suneel Moudgil
Advocate, Panipat
2330 Answers
3 Consultations

4.7 on 5.0

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.

 

Aveek Bose
Advocate, Kolkata
1216 Answers
9 Consultations

4.7 on 5.0

You can go for MCD in USA for all matters including the Indian properties 

Once the Court passes the consent decree, that decree can be used to file a MCD petition in India with a request to the Court to pass the consent decree immediately 

There would not be any cooling period in the Indian matter since the parties have already obtained divorce in USA and so Court will immediately pass the consent decree in your Indian petition 

Yusuf Rampurawala
Advocate, Mumbai
5763 Answers
35 Consultations

5.0 on 5.0

For Mutual Consent Divorce first you need to prepare on what ground divorce took place and than prepare both of your terms and conditions that will be applicable in the MoU of MCD.  In MCD all it will be mentioned and later you can make different deeds according to MCD.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Yes in case you decide on the joint property while your McD in US then that will be validated in India by the family court in India when you file mutual consent divorce petition in family court in India.

As required by the family courts in United state you have to provide the information relating to your assets and in case there is any contest on any other issues to be decided by the court and similar grounds will be grounds for your divorce petition in India and will be decided by the court accordingly

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

1. Well, if your wife later disputes MCD in India the the court here would refuse to acknowledge the decree passed in USA.

2. So as usual I always advise overseas litigant to apply for MCD in India to bury the hatchet once and for all.

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction. 

If both of you go for mutual consent divorce, then it is recognised and valid in India. If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court. In general, it can be said that if the partner contesting the divorce actively attends the divorce proceedings in the foreign court, the chances of his or her being able to later successfully approach Indian courts against an unfavorable judgment of the foreign court are very low.

USA is not a respiratory territory of India . In such a case file a petition for declaring that your marriage is dissolved as per US court divorce decree and procedure. More over the properties in Inida  can be transferred only through registered deed as per Indian registration act. In such a case if your wife is not amenable for doing the same, you have to file execution petition before district court. The same time you can use her contentions filed in execution petition for filing contempt procedure in US and there by pressurize her the execution procedure  in India

 

Ajay N S
Advocate, Ernakulam
3627 Answers
71 Consultations

5.0 on 5.0

1. You and your wife may enter into a Settlement agreement for the property in India, see to transfer property a deed registered in India or decree of Indian court is required though based on the agreement you may ask another party to honour the arrangement. 

2. The divorce should be granted on mutual consent of both parties.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

1. Divorce obtained from US Court will not be recognised in India, as USA is not recognised as a reciprocating country by Indian Government.

2. It's better to apply for Mutual Consent Divorce in India, to avoid complications in future.

3. A Hindu couple married in India under Hindu Marriage Act can only obtain divorce under the grounds recognised by HMA, which includes Mutual Consent Divorce.

 

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

1. Yes, US order is needed to be recognized her in India.

2. Get it mentioned that this should be valid in India.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. Correct. As long as you both agree to something, and based on that the Court just val ideas/approves the consensus/agreement, such a Court order will be recognized in India. 

2. Nothing as such. 

Vibhanshu Srivastava
Advocate, New Delhi
9127 Answers
179 Consultations

5.0 on 5.0

1. You better file a mutual consent divorce in India because the divorce that will be granted in US would have the reason as 'no fault divorce' which is not legally recognised in India. Further the property in India on your name is your own property, she cannot claim any rights over that property.

2. The mutual consent divorce that would be granted in US should be for the reason 'difference of opinion' or lack of understanding.

Dont get the Indian property involved in US divorce process.

You can remain silent about it.

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested the under the provisions of the Civil Procedure code of India, the foreign decree is valid and you are not required to do anything further once the decree is granted in USA Court. You US lawyer is correct in his advice and you may enter into an agreement for all the properties including to that of India as well, 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

1.Mutul consent divorce decree passed by the foreign court is valid if the petition has been jointly filed and cooling of time of 6 months from the date of filing the MCD petition is allowed before passing the decree to confirm that they still want the divorce.

 

2. In any case the said foreign decree of divorce shall have to get validated by filing an application before the local District Judge in India.

 

3. What ever understanding has ben arrived at while applying for MCD which will be considered as part of the MCD petition, will be enforceable in India

Krishna Kishore Ganguly
Advocate, Kolkata
24717 Answers
701 Consultations

5.0 on 5.0

1. Yes property agreement on which both parties agree mutually will be honoured in India.

2. No just follow the procedure of divorce as suggested by your lawyer in USA. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

- 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. 

- Hence, if you will get the mutual divorce in USA , then it will be valid in India .

- Further , you can also enter into an agreement for property as well , in the joint petition of divorce as well. 

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

No fault divorce petition in US is just like petition of divorce by mutual consent in India. The divorce once taken from the US court is effective and valid in India

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

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