Indian courts ordinarily do not upset any consent decree passed by a foreign court unless one of the parties to lis is able to prove that consent was obtained through fraud, misrepresentation or undue influence and thus was not free consent.

Mutual consent divorce decree is valid in India 

no fault divorce decree is not valid n India 

No fault divorce granted in abroad is not recognised in India. You can avail though its fruit if your spouse on this basis remarries. 

Hi, If husband and wife both are participating in the proceedings in the US. Then the decree obtained by the US Court is valid in India.

No fault divorce or divorce on other grounds namely irreconcilable differences/irretrievable breakdown of marriage’  are not recognised in India as a ground for divorce.

You may try to obtain a fault divorce even if it is a mutual consent divorce, the same will be recognised as valid if the reasons for fault is shown in the divorce decree.

If you're going for mutual consent divorce than it will be valid in India, but no fault divorce will be not valid in India.

Under Section 13 CPC foreign awards and orders will be valid in India too. Hence if yo have been granted a divorce in another country the orders passed by the International/foreign tribunal will be valid in India too.

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Dear sir/madam,

Under Section 13 CPC foreign awards and orders will be valid in India too. Hence if yo have been granted a divorce in another country the orders passed by the International/foreign tribunal will be valid in India too.

When both submit voluntarily to the jurisdiction of the foreign court then the decree is valid in india.

Regards 

G.Rajaganapathy

High Court of Madras

Hi 

In general, mutual no fault divorce granted in USA Courts is VALID if and only if 

1) The parties have been residing in jurisdiction of court granting mutual consent  for more than 3 years from date of marriage and 

2) Both the parties (husband and wife) must have appeared before the US Family courts in person and should have applied for mutual consent together. 

3)Since in US, Lawyers appear before the Courts instead of parties and that US Courts does NOT recognize Hindu Marriage Act , it is imperative that 

a) Parties appear in person before the family court in USA. 

b) Terms of divorce including alimony are jointly signed by parties and is part of US Court decree. 

Hope this information is useful. 

- 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.

- Hence , if you both files a joint petition for mutual divorce in US , then the decree passed by that court is very much valid in India. 

If both of you are ready for a mutual consent divorce then do it and that Divorce Decree will valid all over India.

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