I am a US resident. I got married in India as per Hindu marriage act and was registered in India. it was an arranged marriage. my marriage was a short (2 years only). My marriage was annulled/voided by US court due to fraud committed by my ex-wife. Fraud was towards essentials of marriage, money and immigration. This was a contested, had 4 days of trial and final judgement was my ex-wife committed fraud to induce me into marriage. she had no intention of having children she only wanted US immigration and money. She left me and filed divorce alleging domestic, emotional and financial abuse to support her self immigration petition. I counter filed for annulment for defrauding me. during the trial my ex-wife testified that even her date of birth was not real one on records and all the allegations she had against me, she was not able to give proper answers and kept changing her answers as to how abuse occurred changed every hour. from the very beginning of marriage she was sending all her salary to India and did not even contribute towards the house hold expenses, she transferred money to India using multiple avenues (wire transfers, checks, using third party, friends, etc) her explanation about the money transactions were not consistent on why she was doing it and also she was not able to account for a very large sums of money as to where it went. She even submitted fraudulent and forged documents to the court. in the end the judge ruled that the marriage is voided due to her fraud. The judgement is in line with "The Code of Civil Procedure, 1908 section 13" It was pronounced by court of my residential jurisdiction. The case was duely heard and trail for 4 days went on where both parties were heard. The proceedings were inaccord and international laws and indian law were considered. The judgement was as per natural justice and in process. There was no fraud in the judgement. The judgement does not breach any international law. and ground for annulment are exactly the same as grounds as per "Section 12 of Hindu Marriage Act, 1955 deals". The US court judge also made reference to Indian laws of marriage and divorce during the ruling and was considered. my question is given the outline and facts my understanding is that this us court judgement is valid in India. Do i need to do something more in India like registering the US court judgement or something, if so what do I need to do and do I need to be present physically in India or can I have my parents take care of this. Thanks and Regards
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Hi, As your ex-wife is participating in the proceedings in the US Court and after contest the US Court has held in your favour therefore the Judgement of the US Court is also valid in India as per the Supreme Court Ruling.
2. You need not do anything in India.
1) your USA degree holding marriage is null and void on account of fraud committed by wife would be valid in India
2) your wife has duly participated in court proceedings in USA and court has passed reasoned order
3) you don't have to take any further proceedings in India
1. There is no way by which one can register foreign decree in India.
2. The foreign decree is very much valid in India provided it fulfills certain criteria.
3. In your case your wife participated in the judicial process therein whereby she subjected herself to the jurisdiction of US court.
4. In that event the decree of nullity is binding on her and you need not do anything more.
The verdict passed by US COURT is valid in India also as foreign judgment and can not be challenged in Indian court now.
If she challenged then will not be win.
Feel free to call
my question is given the outline and facts my understanding is that this us court judgement is valid in India.
Yes, the the decree pronounced by US court annulling the marriage held between you both as null and by a decree of nullity is very much valid in India since it was a contested decree and not an exparte decree.
Do i need to do something more in India like registering the US court judgement or something,
Not necessary, this is a valid judgement, hence need not be registered or to apply once again in India.
if so what do I need to do and do I need to be present physically in India or can I have my parents take care of this.
Not necessary.
Thank you all for the quick response. So if I come to India and remarry in future it should not pose any legal problems correct?
Since your marriage has been annulled by a court of law in US which scrupulously followed the legal procedures which applies to Indian laws too and also the same has been accepted by her,you don't have any problem to marry another girl afresh in India.
Yes, there is no legal restriction on you to remarry now.
1) You are free to remarry
2) it won't create any problems as you have court order holding your marriage as null and void
No, you can come to India and safely remarry.
1. the said judgment passed by USA Court is required to be registering the said Judgment before Indian Court,
2. For taking the above legal step, you won't have to be present physically before the Cout,
3. You can execute and register a POA in favour of any body in India to pursue the case.
Sir Krishna Kishore, it is confusing and conflicting to me the above answers from other counsels response which state no action required but you have mentioned the said judgement is required to be registered before Indian court. 1. why is this conflict in responses? 2. if registration is required what would be the process, do I go to any court in India and register? do I need to approach family court or local court or district court or high court? 3. how long is this process to register? one day or week or month or months? 4. are there any forms to fill up? Thanks and Regards
in my opinion no registration is needed before indian court
2) section 13 of C PC deals with recognition of Foreign Judgments in India. SC in various decisions noted that a court would have competent jurisdiction if it recognizes the Act or law under which the parties are married. Further, If any foreign judgment is opposed to natural justice, founded on breach of Indian law or obtained by fraud; it would not be recognized in India.
For a court to have competent jurisdiction both the parties must voluntarily and unconditionally submit themselves to the jurisdiction of the said court.
I once again reiterate that the decree of divorce by a US court need not be mandatorily registered in India in order to get a decree of divorce from Indian Court based on this. The said procedure may be followed only for making it doubly confirmed. This was an age old practice, even the Indian courts do not entertain such applications these days owing to the heavy burden of the cases pending before them. Despite this advice if you insist on getting a divorce decree again from Indian court, it is upto you. Dont be misguided or panicked by listening to umpteen number of advises to this issue, you may weigh the probabilities and decide wisely.
1. Advocates defer in giving opinions since their perceptions and understanding vary,
2. Sec.13 (a) to 13 (f) of CPC detail 'When foreign judgment not conclusive'. Section 14 of CPC also specifies 'Presumption as to foreign judgments'. So, to conclusively be declared that you are divorced as per the decree of the foreign court which is acceptable by Indian court, you should file a declaratory suit before the local civil court praying for declaration that the said decree of foreign court regarding your divorce is acceptable by Indian court/law also. Once you get the declaration from the Indian Court that the said decree is acceptable and valid in India, you are free to marry in India. Otherwise the said foreign decree can be challenged finding out faults in it including jurisdiction,
3.It depends on how your wife responds to it, If she does not contest the declaratory suit, it will over within months,
4. There is no form to fill up in this regard.
1. The judgment of any foreign court is valid in India unless and until it is challenged by the losing party and subsequently set aside by the Indian court.
2. Compliance with the international laws is not required to be made by the foreign court. It is the compliance with the Indian legal framework which is germane for the Indian court to decide whether the judgment is to be sustained or struck down. The compliance has to be with the substantive as well as procedural law in existence in India as on the date on which the judgment is challenged. If there is a change in the substantive or procedural law in India, subsequent to the judgment of the foreign court, which has endowed your wife with a right which was not in existence on the date of judgment by the foreign court, she will be entitled to successfully maintain a challenge to the judgment of the foreign court.
3. You are at liberty to come to India to remarry without seeking validation from an Indian court.
4. If your wife lays a challenge in India to the judgment of the foreign court your second marriage may be rendered as illegal.
1. No registration is legally mandated. However, you may seek validation of the US judgment in India to be on a safer side. There have been cases where the judgments of foreign courts in matrimonial proceedings have been challenged in India after months.
2. The process should not take longer than 6 -8 months.
3. No form is to be filled up. You have to engage a lawyer to file the case.