Better file in india.
G.RAJAGANAPATHY
High Court of Madras
Divorce in India from US
Hello, I got married in Feb 2021 through HMA. I would like to get divorced in the US through the no fault divorce. I have some questions: 1) If I'm trying to obtain no fault divorce decree, do both parties have to be in court ? do both parties have to live separately for one year? can one get divorced even if both parties have not been living separate for one year but one year of marriage is complete? 2) Will the no fault divorce decree be valid in India if obtained in the US? what other requirements are there? Or is it simpler to file for mutual consent divorce in India? 2) Can the case be filed in the US before one year of completion of marriage if the final judgement is given after one year completion date? Or it only has to be filed at the time of one year completion? 3) Can the case be filed in India if I'm in the US. Will I need to come back and forth to India if it is mutual consent case? what if it is contested divorce?
Asked 2 years ago in Family Law
Religion: Hindu
8 Answers
1) no fault divorce is not valid in India
2) better option is to file for mutual consent divorce in India
3) you can file for divorce only on expiration of one year of marriage
4) you can execute POA in favour of family member
5) your virtual presence through Skype is sufficient
Yes you need to validated that decree mutually before Indian court. The court may waive all other period if felt
Yes that can be done. After 1 year of marriage you may seek divorce. It is very simple to file a mutual consent divorce petition in India and obtain a decree. You have to go to the court only 2 times.
You have to be present in the court in both the scenarios.
However in the present COVID-19 pandemic situation an application may be filed so exempt the parties from personal appearance and pass orders via video conferencing in case of mutual consent divorce.
Dear Querist
My opinion on your queries are as under: -
1. No, there is no requirement for the personal appearance of both parties in a No-fault divorce case, there is no provision in US Law regarding the separation of one year before filing the divorce case,
yes, divorce can be granted even without one year of separation
2. No, it can be challenged as there is no law in India related to No-fault divorce. if both the parties are ready and willing for mutual consent divorce then it will be better for both the parties to proceed with Mutual Consent Divorce in India under section 13B of the Hindu Marriage Act-1955.
3. Yes, the divorce case can be filed before US Court before completion of one year of marriage, there are no restrictions, even under The Hindu Marriage Act-1955, in exceptional hardship, the divorce case can be filed before completion of one year of marriage as per section 14 of The Hindu marriage Act-1955
4. If both the parties are ready for Mutual consent divorce then you may execute a Special Power of Attorney to any of your family members or friend who may proceed with your case and you may appear before the Court through Video Conferencing and your personal presence is not required.
Feel Free to Call
- As per law , the foreign divorce granted on the ground of mutual consent and a contested divorce is valid in India
1. No fault divorce decree is not valid in India
- If both parties are interested for divorce then file a mutual consent divorce in US , and if she refused then file a contested divorce .
2. Mutual consent divorce decree is valid in India.
3. Contested divorce means that , if you file a divorce case in US and further after receiving the notice of the court , she contested the case, then the decree of divorce granted by the US court is valid in India.
Dear sir,
The no-fault theory divorce is not applicable in India. In my opinion if go for mutual consent divorce it would be beneficial for you, and only after a year you can file for divorce. For the appearance you can either present your case virtually or appoint a POA.
Thank You
Dear Client,
1. One of the parties must be living in the state for a minimum period of 6 months up to a year. Divorce can also be granted if one party provides evidence. You can get divorced even when living together/separate for a year.
2. The Indian law recognises the No-Fault Divorce in India as it is similar to divorce by mutual consent.
3. It can only be filed after the completion of one year of marriage.
4. You don't need to come back, you can simply give power of attorney to another person who will represent you.
Thank you.
1. The 'no fault divorce' granted by a court of USA is not recognized as legally valid divorce in India for the marriage solemnised in India, you may have to file a divorce case in India alone that too after one year of your marriage and not before that.
2. The 'no fault divorce' granted by a court of USA is not recognized as legally valid divorce in India for the marriage solemnised in India. For filing mutual consent divorce, you both should have lived separately at least for one year or more.
3. There is no use of filing the divorce case in USA when it is not recognized as a valid divorce in India, as per Indian laws you will still be termed as married to each other.
4. If you are not able to travel to India for filing the case or to attend the court hearings frequently, you may give a POA deed in favor of any close relative in India who would represent you in court during your absence.
