Yes it's valid. You need to validate the same in court
If you validate the same in mutual consent then you can remarry
Is Irreconcilable Differences US divorce, where both parties are participating, valid in India?
Hi, My wife and I (both Hindu) are planning to apply for a Divorce (married for 6.5 years). We both would be participating in the divorce proceedings. It is a no fault divorce and New Jersey calls it "No-fault or 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. My questions are: 1. Does this come under Mutual consent divorce, since both of us would be participating? 2. Will divorce be valid in India? 3. Can her or me get into legal troubles if and when one of us goes back to India permanently? 4. Can both of us remarry after this US divorce, without any trouble? 5. After getting the US divorce, what needs to be done in Indian courts? Thank you.
Asked 5 years ago in Family Law
Religion: Hindu
13 Answers
No fault divorce is not valid in India
2) mutual consent divorce is valid
3) you would not get into trouble in India
4) you should file petition in family court in India for declaration that marriage is dissolved by US divorce decree
5) Contact local lawyer in India
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.
4. Based on US Divorce if you remarry, it will be considered as bigamy.
No fault divorce do not come under mutual consent divorce. Both are two different things.
If you obtain divorce through no fault law than it will be not valid in India.
For points 3 -4 if any one from.one filed case in Indian court on basis of no fault divorce the other party will in trouble.
No fault divorce is not valid in India.
So you first performed mutual consent divorce submit in the New jersey court get stamp and acknowledged from them and submit that report in Indian marriage registered office.
If tomorrow any one of you file case against anyone in the Indian court can produce the MCD order.
1. Yes it's a mutual divorce though it remains amenable to challenge in India if any of you so decides.
2. Same as above.
3. Yes if there is change of heart and she disputes it.
4. Yes unless one comes to India and challenges it.
5. Get a declaratory decree granted by a civil court on consent of another.
If both the parties are agreed for divorce then it will be file under mutual consent divorce.
If you are married in India and wants to take divorce in USA then you can file divorce there but you have to show your residence requirements or you have to follow their laws rule and regulation of that jurisdiction.
If you fall in every condition properly and get divorce decree from perticular jurisdiction of divorce /family court then it will be valid here and you won't find any issue while coming back to India. And both can remarry after getting divorce.
USA court judgement will be valid so you don't have to submit anything in India's court.
I hope this will be helpful to you.
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.
For Validation you both need to file Declaratory Suit In India.
No.
once you approach indian court and file declaration then you can remarry.
1. It is not recognised as a valid grounds for divorce as per Indian laws.
2. No.
3. The trouble can come up when you go for second marriage and registration of the same.
The registrar may not accept the divorce decree granted by an US Court on the said grounds, at that time you may have to run between courts to get the US divorce decree validated or declared as valid based on the documentary evidences or to file a fresh divorce in India once again.
4. See the above answer.
5. The answer to the point 3 above answers this question too.
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 divorce will be under mutual consent and fully valid in India and there would be no trouble in future and you may marry after divorce decree is granted.
1. It will come under MCD if the MCD application is filed jointly after both of your staying separately for a period of one year and both of you mutually agree for the said divorce on agreed terms without carrying on any grievance on each other. Mere participating in the hearings will not make it a MCD petition/hearing.
2. If the petition is filed jointly seeking divorce with mutual consent after staying separately for one year and the next date of hearing is fixed after 6 months (i.e. the cooling period), then it will be considered as a MCD in India.
3. Even if you get the divorce in USA complying with all the formalities required for getting MCD in India, you shall have to get the said foreign decree validated by filing an application before the local District Judge in India otherwise you both will be legally considered as husband and wife in India.
4. You can not get remarried in India without getting the said foreign decree of divorce validated by Indian District Judge.
5. Get the said foreign decree of divorce validated by Indian Court (District Judge).
1. Yes it will be valid in India If it is mutual consent divorce.
2. No you both will not get into legal trouble.
3. Yes you can remarry.
4. Nothing to be required in Indian court after mutual consent divorce.
1. Yes
2. No.
3. Yes, if that person remarry and another complaints.
4. In US YES , in India NO.
5. Get it recognized in Indian court for a trouble free future.
1. Yes , if you both filing joint petition for getting divorce , then it is mutual divorce
2.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.
3. After getting mutual divorce , both are free to go anywhere , but before granting the same , the decree if passed then will have no value in the eye of law.
4. Yes
5. If the divorce granted on mutual grounds , then it is very much valid in India as i mentioned above , and no need to validate in India.
