No fault divorce is not valid in India 

2) you can object to jurisdiction of US courts as marriage was solemnised in India and divorce can only be on grounds recognised by HMA 

3) you can file petition for divorce  in India 

4) seek stay of divorce proceedings in USA 

A default divorce is granted when a spouse does not attend the court and reply to divorce petition in spite of receiving a proper notice of divorce from court. Any decree of divorce obtained by default is valid in India. It is therefore necessary that after receiving notice  a reply should immediately filed opposing divorce. A default divorce is available to him only if you do not oppose it. Once reply is filed divorce proceeding will be prolonged. He is entitled to remarry after obtaining default divorce. A decree of divorce in U.S. can be challenged in India only if it is contested divorce. You can seek free legal help for Indian Diaspora there.  

Hi, When you are not participate in the proceedings in the US Court, then divorce obtained in the default  divorce is not valid one. The divorce obtained in the abroad is valid only when both the parties are participate in the proceedings.

He can marry in USA, but as per Indian law it will be bigamy and he will be punished. 

So you can apply for divorce in India and sent him notice via Ministry of External affairs plus court and passport authority.

USA default divorce will be not valid in the Indian court.

1. No, such decree of divorce will not be considered as valid i India.

2. You both shall have to jointly filed a mutual consent divorce petition in India on agreed terms which will be disposed of within 6 & 1/2 months from the date of its filing after both of you appear before the Court on the date of the second motion after six months of its filing confirming that both of you still want divorce.

The default divorce granted in  USA or any country outside India for the marriage solemnised in India as per Indian laws is not recognised as a legally valid divorce in India.  

Where the foreign court has granted divorce based on ” ‘irreconcilable difference or irretrievable breakdown of marriage or similar no fault ground’ then court in India will not recognize the foreign divorce because this is not a ground for divorce under Indian divorce law. Therefore, people from India getting no fault divorce in US can find that their foreign divorce may not be recognized by court in India and still married to the other party.

Since he is residing in USA and had obtained divorce in tht country and has no intention to return to India, he may marry another person ion that country for which the laws in India cannot do anything about it until you file a case against him in India with documentary evidences to prove his second marriage, provided you had obtained a decree from court of law in India nullifying the US decree of divorce. and he is available in India to prosecute him for the offences of bigamy.  

That default divorce is not valid in India if you do not consent to it. If you agree to it then he may file and you both can get divorced in the USA. He cannot marry unless he divorces you.

Dear ma'am,

You are right in assuming that a divorce granted in the US for a marriage registered in India is invalid. It has no value in India law. And if after he gets a default divorce, he remarries, it will be an offence as it is considered bigamy in India.

For you to have a legally valid divorce, it is recommended that you apply for divorce within Indian territories as divorce by mutual consent. This might take more time but this is the only way to ensure the legality of the divorce. Thank you.

if it is given without your consent then it will not be valid in india. you can reply him to pay for your expenses for visit in the city where he files the case or you can initiate a proceeding here in india and send him notice. 

so short reply is that the divorce taken without consent will not be valid in india. however if he got divorce there then he can remarry and to avoid that you should initiate proceedings in india and should send him a notice. if possible, if you get notice from usa court then reply by post and take expenses from your husband and contest it.

It is invalid. He can marry and be safe as long as he is in USA. Better engage a lawyer in india and file a divorce before he files in US.

G.Rajaganapathy 

High Court of Madras 

 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. 

- Further, Ex-parte decree of Divorce granted by US Court will also not be recognised by Indian Court.

- Hence, only mutual or contested divorce is valid in India, and default divorce is not valid in India. 

- Further, without getting divorce , he cannot marry in US legally.