• Married in India, want divorce in USA with mutual consent

Respected Attorneys,
I was married in India on 3 Nov 2014 according to Hindu Marriage act. After coming back to USA came to know she don't like me anymore. We both signed divorce deed in April 2015 duly signed in front of notary.

1.) If I file for divorce in USA with mutual consent, it will be valid in India ? EVEN IT IS BEFORE ONE YEAR. My lawyer told me you can get divorce with mutual consent. But I am not sure it will be valid in India or not. Or i should wait till one year to complete and start process ?
2.) We both can marry legally in India and get a marriage certificate, without getting an Indian divorce decree?
3.) We both Can produce my US divorce decree at a Marriage Registrar Office to claim a second marriage certificate?
4.) If I get divorce from USA with mutual consent, in future she can do anything against me or not.
5.) If i do court marriage in USA after divorce then still i need divorce decree from Indian court ?

Kindly explain the process.
Thank You
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) you should file for divorce by mutual consent in USA after completion of one year of marriage 

2) divorce decree obtained in USA would be valid in India 

3) you don't need to obtain divorce in India again 

4) you are free to remarry in India or in USA after obtaining divorce in USA 

Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. Yes, if mutual divorce is granted with consent of your wife in USA , the same will be valid in India.
2. Yes
3.Yes
4.No, she can not file any criminal case . However she can files a case ofr her maintenance if she has not source of income and she is remarried .
5. No
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1.) If I file for divorce in USA with mutual consent, it will be valid in India ? EVEN IT IS BEFORE ONE YEAR. My lawyer told me you can get divorce with mutual consent. But I am not sure it will be valid in India or not. Or i should wait till one year to complete and start process ?
As per Indian law i.e., Hindu Marriage Act, a divorce petition cannot be filed before the court within one year from the date of marriage without the permission of court by another provision.  The mutual consent divorce decree obtained  in US is valid but it is a question that whether the US courts accept the divorce petition within one year from the date of marriage

2.) We both can marry legally in India and get a marriage certificate, without getting an Indian divorce decree?
The mutual consent divorce decree granted by US court is very much valid in India hence  there is no problem in getting married again in India and getting a marriage certificate to that effect.  

3.) We both Can produce my US divorce decree at a Marriage Registrar Office to claim a second marriage certificate?
The above answer will be applicable for this too.


4.) If I get divorce from USA with mutual consent, in future she can do anything against me or not.
What she can do? what do you expect her to against you?, The mutual consent decree  granted by US will be a valid divorce hence if at all she files any application to reject it, it  cannot be held valid in  India.



5.) If i do court marriage in USA after divorce then still i need divorce decree from Indian court ?
Not necessary.


T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. No-Fault Divorce decree issued by USA court where both the parties attend the hearings, is accepted by Indian Courts treating the same as mutual consent divorce decree. The said decree passed by USA Court is required to be endorsed by the DM of the place where you stay in India  foe getting the same acceptable by Indian Courts.You are suggested to file the MCD petition before USA court after one year f your marriage to make the said decree acceptable to Indian Courts,

2. You can get married again in India provided he said decree passed by USA Court is endorsed by the DM of the place where you are staying,

3. For getting Marriage Registration Certificate, you won't have to produce your divorce decree,

4. She won.t be able to challenge the MCD decree passed by USA Court which she herself has filed, provided the said USA decree is endorsed by the DM of your area,

5. No. irrespective of your remarriage in India, you are required to get the USA dcree of divorce endorsed in India.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Divorce obtained mutually in US before a year may not be able to sustain a legal challenge in India. 

2. Unless you obtain divorce either from an Indian or US court you cannot remarry. The US divorce decree will suffice to marry before the marriage registrar in India. Unless the US divorce is challenged in an Indian court and is set aside as illegal by the court it will remain legally valid.

3. You may, in order to preempt a future legal challenge by her, seek recognition of US decree of divorce from an Indian court. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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