The divorce so obtained in the US is valid and enforceable in India. An execution application must be filed in a district court along with the copy of the decree.

You may appoint someone who will do the formalities. Although if both the parties have settled the matter there is no urgency.

An execution application is filed in a district court so that the decree is made enforceable.

A locak lawyer must be contacted.

Divorce obtained at USA is valid if both of you voluntarily agree for the jurisdiction of USA court.

divorce obtained at USA on mutual consent or any ordinary recognized method available in India is valid.

your divorce is valid and need not again seek any further recourse unless your spouse disputes or disagrees for the US divorce. 

It's all depends on the acceptance of the divorce obtained at USA by both and the manner in which the proceedings were carried as well as the terms contained in the divorce order. We can't make a universal statement without looking into the specific details. But the general outline is what I narrated above.

Mutual consent divorce obtained abroad is valid in India 

you can file petition under section 7 of family court act for validating US divorce decree 

your lawyer can draft petition and send it to you for your signature 

if you cannot appear personally execute POA in favour of of family member 

Under Indian Law, execution of decrees, whether foreign or domestic, is governed by the provisions of the Code of Civil Procedure, 1908. 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.

Mutual consent divorce obtained abroad is valid in India .

Under the Indian law there are two ways of getting a foreign judgment enforced. 

1. Firstly by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified therein are fulfilled).
2. Secondly by filing a suit upon the foreign judgment / decree.

More particularly says that

• Decrees from Courts in "reciprocating territories" can be enforced directly by filing before an Indian Court an Execution Decree.
• Judgments from "non-reciprocating territories," such as the United States, AUSTRALIA, and GERMANY can be enforced only by filing a law suit in an Indian Court for a Judgment based on the foreign judgment. The foreign judgment is considered evidentiary. - The time limit to file such a law suit in India is within three years of the foreign judgment.

 For enforcing a foreign Judgment or an Award from a ‘Non-Reciprocating Territory’ of India, a fresh suit in an Indian Court with appropriate Jurisdiction needs to be instituted. Further, Judgments from a ‘Non-Reciprocating Territory’ only have evidentiary and persuasive value in the eyes of India Judiciary and they must be filed for enforcement within three years from the day when they were originally passed.  No doubt that Foreign Judgments from Non-Reciprocating Territories need to pass through the sieve of Indian Judiciary but the sieve used is broad and spacious enough to allow the sink in of ‘the cause of Justice’ upheld by the courts of Foreign Countries.

So in your case file a fresh suit to validate the divorce decree and property settlement.

Now the present situation due to Covid 19 pandemic, your lawyer can file the case before the court without your presence. All the courts have a liberal approach towards allowing recording of evidence through video conferencing. Unless there were special reasons to deny it, courts are always willing to adopt the technology for the betterment of all. By evaluating various cases where courts admitted and denied an application for recording evidence through video conferencing, we can say that, unless it is a mandatory condition of law or a written and valid contract among parties that parties must appear physically it must be allowed by the courts. In any other such circumstances where the court considers that if the recording of evidence through video conferencing is allowed, it will defeat the purpose of the law or procedure established by law, the court can deny it.

Virtual platforms are also entertained by the court at the time of evidence. So application to use the video conference gives much liberty other than physical appearance

 Since India has not recognised US as a reciprocating country, the divorce decree obtained from US has to be revalidated in India in the jurisdictional District Court. If it's not possible for you to appear personally in India, you can authorise someone to represent you in India by appointing him/her as your attorney or agent through a registered POA.

Under Section 13 of Civil Procedure Code, 1908 foreign divorce decree is recognized and is considered final and valid in courts in India, unless…

• has not been pronounced by a Court of competent jurisdiction;
• not has been given on merit of the case;
• founded on incorrect view of international law;
• opposes to natural justice,
• obtained by fraud;
• claim is founded on a breach of any law in force in India.

A no fault divorce decree is something like decree of divorce by mutual consent under Section 13B of Hindu Marriage Act, 1955 and can be obtained if the parties are not living together for one year. Under no fault decree if there same precondition as to living separate for one year such decree can be validated in India. If the no fault is properly obtained, validation is required.

For filing execution you need not come to India. Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file execution on your behalf. Take that GPA to Indian Consulate/High Commissioner  and get it attested by official there. The GPA has to be in specific  format.  Send it to the person named in India. He can do everything, appointment of Advocate, filing execution, etc. for you.

You have to pray to declare the divorce decree as valid before  the Court of Law. 

G.Rajaganapathy 

High Court of Madras 

Dear Sir,

1)In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code.

2) You have to file a execution of decree under sec 44A of CPC.

3) If no party wants to contest the divorce there is no hurry to file the execution application.

4) You can hire a lawyer/POA  or execute a SPA in favor of any of your relative to apply for the execution on your behalf.

Thank you

Even though it was a divorce on the grounds of mutual consent granted by USA court,  if it is  on no fault divorce then 

Hence  you cannot validate the US divorce decree in India. 

You may have to file a fresh divorce case again in India. 

You have been misinformed about the execution petition. 

First of all confirm the grounds/reasons for divorce after which proper suggestions can be rendered. 

yes need to validate if you want to marry in india or you doubt if your spouse may use the same against you in india

Dear Querist

there is no requirement for any execution of that Decree. if the divorce granted by the USA court is mutual consent divorce with financial settlement then this decree is valid in India and there is no requirement for anything.

But for your satisfaction, you may file a civil suit for declaration before the family court to validate this decree and annexed the certified copy of the divorce decree along with the financial settlement. the court will hear both of you and then pass a declaratory decree to validate the decree passed by USA Court.

your personal presence is not mandatory, you may file and pursue the case through the power of attorney holder and you may appear before the court through video conferencing.

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