• Married in India. Husband US Citizen. Girl Indian Citizen. Divorce filed in US. Is divorce valid?

Hello,
Greetings

Background:

Husband: US Citizen by birth
Wife: Indian Citizen by birth. Got Provisional Green Card after marriage (which is not valid now, since she has not revisited US after returning to India.

Court Marriage on 27 April 2015.
Marriage as per Indian rituals on 16 Oct 2016. (Girl was in India during this period)
Girl went to USA after marriage in November 2016
Lived together for about 6 months. Girl returned to India in 2017.

Divorce plaint filed recently by Husband in USA (in proper Jurisdiction) (with consent of wife, though it is not a joint application)

Grounds of Divorce as mentioned in Plaint : 
Relationship between plaintiff and defendant has broken down irretrievably for a period of at least 6 months, pursuant to Domestic Relations Law Section 170 (7) 

Questions: 

1. Is USA Court divorce decree valid in India?
2. Does one have to file a plaint in Indian Court to get US decree confirmed?
3. If both parties are representing themselves in US Courts, then can there be any reason for US Court divorce decree not being valid in India?


... M.S.Sethi
Asked 6 months ago in Family Law
Religion: Sikh

2 answers received in 30 minutes.

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14 Answers

Hello,

  1. It is valid of both the parties have participated in the proceedings and the petition took into account the law under which the marriage took place.
  2. It would be advisable to get the divorce decree to be declared valid as it can avoid any future dispute.
  3. No, therefore event a declaratory suit/petition can be dispensed with.

S J Mathew
Advocate, Mumbai
3246 Answers
139 Consultations

5.0 on 5.0

1. If the marriage was solemnized in India as per Indian laws then the proposed grounds for divorce in US is not recognized as legally valid in India. 

2. There's no provision in law in India to confirm the US divorce which would be granted on the grounds of irretrievable breakdown,  hence the suit for declaring the divorce as valid may not be maintainable. 

3. The mutual consent divorce granted in USA would be on the grounds of 'no fault divorce ' which again is recognized as legally valid reason in India. 

Thus   if she agrees to file mutual consent divorce  in India,  you may proceed accordingly by filing a joint petition in India seeking dissolution of marriage by a decree of divorce on the grounds of mutual consent. 

 

T Kalaiselvan
Advocate, Vellore
72167 Answers
1078 Consultations

5.0 on 5.0

Hi,  If,  both the parties are representing in the US court,  then Divorce granted in US court is valid. 

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
266 Consultations

4.5 on 5.0

1. yes it is valid in india if both the parties got opportunity there to present their case.

2. no confirmation required and it can be used as such. even if there will be any formality then it can be easily avoided.

3. if both parties represented in US then it will be valid in india. If any party raises objection then he she will be required to show the genuine grounds to object the divorce decree obtained in US.

 

Gopender
Advocate, New Delhi
366 Answers

4.9 on 5.0

1) divorce decree would not be valid in India 

 

2) divorce has to be on any of grounds mentioned in Hindu marriage act 

 

3) if both parties have participated in divorce proceedings and divorce is granted by mutual consent it would be valid in India 

 

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

Ajay Sethi
Advocate, Mumbai
82094 Answers
5156 Consultations

5.0 on 5.0

1. a mutual consent divorce decree from a US court is valid in India,

2. you can opt for confirming the same by way of filing a civil suit for declaration, however, not necessary,

 

Suneel Moudgil
Advocate, Panipat
2343 Answers
4 Consultations

4.7 on 5.0

The degree by us court is not valid in India since your wife is Indian national and she will need divorce issued by Indian family court however on the basis of divorce degree issued in United state divorce petition can be filed in Indian family court and mutual ground and that will be allowed by the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6820 Answers
23 Consultations

4.9 on 5.0

1. Divorce decree passed in USA may not be valid in India if disputed by any of you. 

2. Yes but it requires consent of another spouse. 

3. Yes if disputed by another. 

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

1. Divorce Decree granted in USA or any other Country, is perpetually & irrefutably valid in India, without any exceptions.

2. Wife has an option for filing Appeal thru the local Indian consulate to challenge the divorce decree, but within the limitation period of 30 days only.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

Kindly enlighten if the court marriage was conducted in India or US

Anand Shukla
Advocate, New Delhi
647 Answers
13 Consultations

4.9 on 5.0

1. Divorce decree is valid if with mutual consent 

2. Yes can file 

3. If both parties are proceeding than its valid as per US law

Harsh Kumar Sachdeva
Advocate, Delhi
38 Answers
3 Consultations

4.3 on 5.0

1. No The decree of divorce if passed by the USA Court based on the said application will not be considered as valid in India.

 

2. MCD decreed in USA which complies with HMA for obtaining MCD decree is considered valid in India and in that case the said decree shall have to be validated by Indian Court against application filed before it. The said divorce mentioned by you will not be validated by Indian court.

 

3. If both the parties jointly file the MCD petition and appear before the Court after 6 months from the date of filing the said application to confirm their consent for their divorce, then it will be considered as valid in India.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 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. 

1. Since , the said decree was not passed on the joint petition of both the parties on the mutual ground , then it is not valid in India

2. Yes, 

3. Only the divorce decree granted on mutual divorce is valid in India. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

1. Decree of divorce passed by a foreign court is perfectly valid in India, and can be impeached only on the grounds that it was obtained fraudulently or has been passed on a ground which is not a ground for divorce under the Indian legal framework.

2. Nobody has to file any petition in Indian courts to seek validation of decree. It is by default valid.

3. The petition for a declaration of the decree as void has to be filed by the person who seeks to avoid the decree.

Ashish Davessar
Advocate, Jaipur
30308 Answers
889 Consultations

5.0 on 5.0

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