A “no fault” divorce is equated to “divorce by mutual consent” by Courts in India. As the no fault is obtained by the consent both. Once that is obtained no party is at liberty to agitate in India against such divorce.  it is as good in India as it is U.S.A.

1) Divorce based on mutual consent is valid in India 

2) irreconcilable differences is not valid ground for divorce in India 

3) divorce decree would not be valid in India 

California court Divorce will be not valid in India. Kindly perform mutual consent divorce. Just ask California court judge to mention in order heading instead of "No-fault Divorce" mentioned as "Mutual Consent Divorce" and pass the order.

Kindly make this request to judge so this will be treated as mutual consent divorce rest of the things you both have taken care of it like distribution of property etc.

Rhe divorce decree taken in US by mutual consent of the parties is valid in India. An execution application has to be filed along with the decree.

Mutual consent divorce takes 6 months. The time period can be shortened to 1 week if there are extraordinary circumstances.

Dear Sir/ Maam 

Indian law recognizes foreign divorce if that are made in accordance and in harmony with the Indian laws. As there is no provision under Indian law that covers no fault divorce ie ‘irreconcilable differences/irretrievable breakdown of marriage’ the same  is not recognized in India as a ground for divorce.

Your divorce will not be valid in India. You willl have to apply for mutual divorce in India. if it is possible you should to obtain a fault divorce and then there will be no need to re apply for mutual divorce in India.

Mutual divorce proceeding may take anywhere between 6 moths to 18 months. 

Thank you

1. Decree of divorce based on application jointly filed by the husband and wife is acceptable in India if the procedure followed in India for obtaining mutual consent divorce has been followed.

2. In any case, the said decree of divorce passed by the foreign court shall have to be validated by Indian local District Court against an application filed for the said purpose.

Divorce decree granted by USA courts would be valid in India if the decree was obtained on the grounds recognized by the Indian law. The decree of Divorce obtained by you ex-parte will not be acceptable by Indian Courts unless it has been obtained on grounds acceptable by Indian Law. The 'No-Fault' divorce obtained in the USA is not accepted in India. Irretrievable breakdown of marriage isn't a recognized ground of divorce under the Hindu Marriage Act.

USA is not declared as a “reciprocating territory” by the Government of India, therefore it is mandatory to file a suit upon the U.S Divorce Decree. Judgments from the USA (non-reciprocating territories) can be enforced only by filing a lawsuit in an Indian Court for a Judgment based on the U.S judgment. The foreign judgment is considered evidentiary. The time limit to file such a lawsuit in India is within three years of the USA judgment.

When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together.

Now the Supreme Court of India waives six months cooling period for divorce under Hindu Marriage Act.

Divorce based on irreconcilable differences would be valid is India as it is a mutual consent divorce and can be enforced in India by filing a suit for declaration of foreign divorce decree 

Irreconcilable differences is not a valid ground for divorce under the Indian marriage laws and hence would not be considered valid in India

General Principle of Law (Section 13 CPC). A foreign divorce decree is recognized and is considered final and valid in courts in India, unless the decree is legally flawed under general and divorce laws.

Foreign court granted divorce on a ground not recognized by Indian divorce law. 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.

File for divorce by mutual consent in India 

it takes 6 months 

3) your divorce decree obtained abroad on grounds of irreconcilable differences would not be validated in India 

Better to file mutual divorce petition in India . The present covid19  situation give some exemption for physical appearance before the court at the time of filing and second motion. Evidence through Video conference can be accepted in courts.

The validation of divorce decree granted in a foreign country which is not in accordance with the rules of Indian laws  may not be entertained.

If you both have been living separately for more than a year away from each other then you can file a petition jointly before the jurisdictional family court which in the normal course of time would be disposed within six months.

In fact you both can jointly file another petition seeking waiver of six months waiting period within 10 days of filing the mutual consent divorce and can request the court to dispose the case immediately.

The divorce decree granted by a US court would not be recognised as legally valid in India especially on ther grounds what you have stated.

Therefore a remarriage again in US on the basis of US divorce will not be legally valid in India, you cannot register the subsequent marriage in India as the previous marriage is subsisting.

Why do you want to take a risk.

Yes that can be done. A joint petition is filed in India in Case of a mutual consent divorce.

- 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, if you both are residing in US and filed a joint petition on mutual ground , then it is valid in India . 

Agreement implies you cannot contest divorce decree in India 

only divorce has to be validated in India 

The agreement between you and your husband is not enforceable in law. 

It is just an understanding between you both and not a court order 

You can very well contest and challenge the same in India. 

In India the US decree can only use as a piece of  evidence . Amy person can contest the case  but the winning of the case depends on merit of the case and proofs, 

Dear ma'am/Sir

It is advisable to file for mutual divorce in India. And both parties should claim waiving off of cooling period of 6 months as the same will cause undue mental agony to both parties. The court on its discretion will wave off such period and grant a mutual divorce relatively faster ie the same will expedite the process. Filing a contest petition will just result in waste of your resources.

Thank you

In petition filed by you before family court for divorce by mutual consent it has to be stated that you have been staying separate for period of one year 

2) 6 months cooling period is mandatory and generally not waived by family court 

1 year separation is necessary. 6 month cooling off period can be waived off by the court.

There is no such condition as living separate for one year before filing divorce on mutual consent. The only condition is that divorce cannot be filed before one year of marriage. You can file divorce after one year of marriage, living separate or together does not matter. The waiting period for mutual divorce is one year from the date of filing of divorce. There is judgment of Supreme Court providing the in exceptional circumstances such period can be waved.  

The separation period may be one year or beyond that.

However it is not necessary that you both had to have live separately physically.

Even if you both were living separately under the same roof, you are eligible for filing divorce on the grounds of mutual consent stating that you had been living separately for more than a year. 

Dear Sir /Maam

1) You will have to wait for 3 months to make the separation time  1 yr  before you can file for mutual divorce.

2) In certain cases the court can waive off the cooling period, it will depend on how you plead in the petition-

In another landmark case of Amardeep Singh v. Harveen Kaur, the Supreme Court rendered a noteworthy statement by holding that it is not compulsory to wait/cool off 6 months as proposed under section 13B(2) of the Act. The Supreme Court held that the time of interregnum or cooling off of 6-18 months provided for in Section 13B(2) of the Hindu Marriage Act, 1955 is not mandatory but a clause of a list.

Thank you

1. You can file the application for validation of the decree of divorce passed by the foreign court in India to be supported by the other side.

2. You can remarry only after you have got a valid decree of divorce.

1. If you want to contest the validation agreement, you shall have to state that your signature on the said agreement was obtained by deception or coercion.

2. Without getting the said foreign decree of divorce validated, any of you can not remarry.

1. Jointly file the MCD petition before the Indian Court after one year of your staying separately.

2. The MCD decree will be passed within 6 & 1/2 months from the date of its filing.

You have two options .1. wait for 3 months .if your wedding took place a year ago, you can say that you have been separated for a year. In such a stage the date of separation mentioned in your mutual divorce petition should be write it as a date before one year from the date of filing of petition. If you need urgency then you may file waving petition for 6 months cooling period after filing the mutual divorce petition

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