• US divorce decree validity

I got USA divorce decree and my spouse is in within jurisdiction(spouse is also living in USA) and spouse received notice but chose not to participate. And the grounds I included in the notice are irretrievably broken marriage and mental abuse cruelty. Now Divorce got finalized last year and Its been more than 1 year and no response from spouse and still spouse living in USA. Now, I want to know the validity of this divorce decree in india.
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

The reasons or  grounds for divorce granted by US court is not recognized as legally valid in India  for the marriage solemnized in India as per Indian laws because the 'irretrievably broken ' is a reason for divorce as per Hindu Marriage Act.

Moreover it appears to be an exparte divorce hence it is not valid in India. 

T Kalaiselvan
Advocate, Vellore
90008 Answers
2496 Consultations

As the wife didn't participate in the divorce proceedings and didn't accept the jurisdiction of the foreign court, the divorce decree is invalid in India. The grounds too do not exist in India.

You may be vulnerable to a future round of litigation by the wife.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Divorce decree obtained on grounds of mental cruelty would be valid in india 

 

file petition under section 7 of family court act for declaration that marriage is dissolved by US divorce decree 

Ajay Sethi
Advocate, Mumbai
99806 Answers
8147 Consultations

USA divorce decree is not valid in India. Only mutual consent divorce are valid in India.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

An Exparte divorce is not valid in India. 

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.

Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognised and valid in India.

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.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

The divorce decree is valid in India if it satisfies Sec-13 and Sec-14 of the Code of Civil Procedure, read with Sec-41 of the Indian Evidence Act.

Sec-13 of the Code of Civil Procedure 1908 clearly states that a foreign judgment shall be conclusive as to any matter directly adjudicated upon between the same parties if the following conditions are satisfied:

  1. where it has been pronounced by a court of competent jurisdiction;
  2. where it has been given on the merits of the case;
  3. where it does not appear on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
  4. where the proceedings in which judgment was obtained are not opposed to natural justice;
  5. where it has not been obtained by fraud;
  6. where it does not sustain a claim founded on a breach of any law in force in India.

According to Sec-14 of the Code of Civil Procedure 1908, the court (meaning, any competent court in India) shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

Further, Sec-41 of the Indian Evidence Act 1872 upholds the relevance (in matters of evidence) of a final judgment, order or decree of a competent court, in the exercise of matrimonial jurisdiction, which confers upon or takes away from any person any legal character. It adds that such judgment or decree is conclusive proof that any legal character, which it takes away from any person ceased at the time from which the judgment, order or decree declared that it had ceased or should cease.

 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

- 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. 

- Since after receiving the notice from the US court she not participated in the proceeding , then the said decree of divorce is not valid in India, and till date she is your legal wife. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

The decree in my view is valid in India as well

however many a times the spouse in order to create troubles for the other spouse, files a divorce petition in the family court in India by contending that the divorce granted by the US Court is not binding on the parties since the marriage was performed under the Hindu Marriage Act which is an Indian law

to prevent such cases the spouse who has obtained a valid decree from a US Court can file a suit in a civil court in India seeking anti-suit injunction against the other spouse to restrain that spouse from filing any suit or proceeding to claim divorce as the divorce is already granted by the foreign court

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Dear Client, 

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. 

Thank you. 

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

It needs to be validated in India for its admissibility. 

 

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

Not valid, if it is an ex-parte(that is one passed behind the back of your wife and in absence of her participation) divorce. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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