• Settlement of India property after USA divorce

Hi Sir/ Madam
I married in India, Filling divorce in USA. I have some property settlement in India.
Is my USA settlement deed is valid in India

Thanks
Asked 3 years ago in Family Law
Religion: Muslim

13 answers received in 1 day.

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15 Answers

The divorce in USA wont be valid in india so the rest of it will also not be valid.

 

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
1222 Answers
9 Consultations

4.7 on 5.0

It is valid in India 

 

IT is advisable to register deed of settlement 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Divorce by mutual consent obtained abroad is valid 

in India 

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

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

No, any divorce obtained outside india wont be valid in india and your parents cannot file on your behalf both have to be present there are strict judgements to the same

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1) you can file the petition in India . you can execute POA in favour of family member 

 

2) notice would  be issued to your spouse 

3) If no objections are received court would pass orders for declaration that marriage is dissolved by US divorce decree 

 

 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 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 if the the properties are in joint name then it  can be transferred only through registered deed as per Indian registration act by way of registered sale deed. In such a case if your wife is not ready for register / transfer the property, you have to file execution petition before district court . The mutual divorce decree, Settlement agreement, Qualified Domestic Relations Order are used for execution petition. If she file counter to execution petition you can use her contentions for filing contempt procedure in US and there by pressurize her for register the same .

you can execute POA in favour of any family member and he has right to file the petitions .

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

You both need to perform MoU and in that mention terms and conditions on that basis you can apply for mutual consent divorce in USA court and that will be valid in India.

 

In the terms and conditions you can mention regarding all past, present and future investment, property, movable, immovable and any income not to be ask by each other.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Yes it's completely valid but you need to validate the same in Indian Court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 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. And you will be required to do nothing in India. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 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. 

- Hence you can apply for getting the mutual divorce in USA , and the decree passed there is valid in India , and further the settlement of the property is also having its legal value as well. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

If the US court decreed the settlement of property situated in India also in its decree, then you can file an execution petition in India to execute the decree.

The validity is not automatic.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

The mutual consent divorce in US is generally given on the grounds of no fault divorce, which is not  recognised as legally valid divorce in India.

Section 13B of HMA is valid only within the Indian geographical territory and not beyond that..

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

The provisions of section 7 of family court act may not come to your rescue especially when the provisions of US law invoked to grant divorce to the marriage that was solemnised in India as per Indian laws is not recognised as legally valid divorce in India.

The mutual consent divorce in US granted on the grounds of irreconcilable difference or difference of opinion etc.,  are valid grounds in India, but if the divorce granted in US states no fault divorce then it may not be recognized as legally valid.

Do not be misguided by incorrect information.

The suit you may be planning to file in India to declare the divorce as valid requires both the parties to the divorce to be present before the courts in India to confirm the divorce granted by US court. 

Better consult an experienced advocate in India, discuss the matter at length and proceed as suggested.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

Madam you can approach family court in India under section 2 sub section (ix) of dissolution of Muslim Marriage Act, 1939 on the bases of mutual consent/settlement deed signed and executed by and between you and your husband. This entire procedure can be done by assigning a power of attorney on behalf of you as well as your husband who can be members of your both respective families. However, as a procedure of family court, no divorce decree would be granted without a statement made before the court through video conferencing on the date assigned by the court post institution of such an application for divorce. 

Divorce sort before USA court would be invalid until the same is produced before the family court through an application as mentioned above. This is because it is mandatory for you to get divorced in India if you are married and having a registered marriage in India.

After seeking divorce decree from India, the terms of settlement deed executed in USA would be considered valid irrespective of its terms including property situated in India. 

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

Settlement deeds are required to be registered at the registration office having jurisdiction on the area of the propertry

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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