• Divorcing wife living in USA

I am an Indian citizen and I married my wife in India under the Hindu marriage act. My wife has been living in the US for the past few years. I have been to the US multiple times and lived there for long periods of time. However, recently, our relationship broke down and I was forced to return to India. 

I am planning to send her a divorce notice. I have the following questions for that:

1. Can I petition for a divorce in the court of the US state where my wife is residing? If I get a mutual divorce (no-fault divorce), the process would be much smoother and faster. I am not sure what would happen if my wife contests the divorce? Would that decree be still recognized in India?
2. What are my options for filing for divorce in India? How long would that process take?
Asked 2 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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12 Answers

1. The no fault divorce that may be granted by an USA court is not recognized as legally valid divorce i India, because this ground is not one of the reasons for divorce as per Indian laws. 

. No fault divorce even if it is on mutual consent is not recognized as legally valid in India. 

 

2. You can file a divorce cae in India, if she is not turning up even after receiving the summons, you may get an exparte divorce within three to six months. 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

You need to validate that decree in India without which the same will not be applicable in India. 

In India if its mutual it will take 8 months and if it's contested it will take time

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1. Mutually contested divorce case by a foreign Court would be legally binding and enforceable in India.

2. You can file for divorce in India too as your marriage was solemnized in India under the Hindu marriage Act therefore Indian courts have jurisdiction to try your case.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

No fault divorce obtained abroad is not valid in india 

 

divorce by mutual consent is valid in India 

 

3) contested divorce decree would be valid in India 

 

4) you can file for divorce in India on grounds recognised by HMA 

 

5) disposal of case would depend upon pendency of cases in trial court 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. If you file for divorce by mutual consent in the USA and a decree is passed, it will be valid in India, in terms of Sec-13 and Sec-14 of the Code of Civil Procedure 1908, read with Sec-41 of the Indian Evidence Act. Even a contested divorce decree will be valid in India if the provisions of these statutes are satisfied.

2. You may do so. Summons have to be served on your wife in the USA. If she fails to appear, an ex parte decree can be obtained. The process may take 2-3 years.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

1. As per law, only a mutual consent or contested divorce granted by the foreign court is valid in India 

- Hence , if you will file a joint petition for mutual divorce in US then the decree of divorce will be valid in INDIA. 

2. If she not agrees for a mutual divorce , then you can file a contested divorce in India , and in her absence even after receiving the notice of the court  , court can proceed for ex-parte decree in your favour. 

- Further, if she within 3 months time not challenged the said ex-parete decree then it will be considered as legal. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

File in india.

It will take 6 months.

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce.

As per the latest Supreme Court judgment which held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognised by Indian law. Please do understand that No fault divorce obtained from US  is not valid in India.

You can file either a mutual  or contested divorce petition in India. 

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

1. Foreign Decree of Divorce is not considered as valid in India unless it is mutual consent divorce decree obtained after filing the petition complying with the requirement postulated in Indian Law for obtaining mutual consent divorce decree. Decree passed based on contested divorce matter is not considered as valid in India. 

 

2. It will be prudent on your part to file the divorce suit in India based on acceptable ground. It might take 2 to 4 years in case of hard contested divorce matter.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear Client,

1. Yes you can file for mutual consent divorce in US court and the divorce decree will be valid in India.

2. You can file a divorce in India and send notice to your wife regarding the same if not mutual consent. The process in mutual consent is smooth and fast but if your wife contest that divorce then it depend on court whether they are convinced with the reason of divorce or not.

Thank You.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

The Mutual Divorce (no fault divorce) granted by USA court is not recognized in India as legally valid divorce, because of very simple reason that this ground is not one of the grounds for divorce as per Indian law.

 

If the wife does not come to India or contest in India then it will be best for you as you will get ex-parte divorce.

 

Else you can file Mutual Divorce in India as she can appear by video conferencing. Timelines depends on states, It can happen in less than 2 months if in Bangalore, 7 months in Maharashtra etc.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Dear Querist

if both of you are in USA then it will be better to file a divorce petition in USA and get the divorce in a smoother way.

otherwise you will have to file a divorce case in India before the Family Court under section 13(ia) or (ib) of Hindu Marriage Act-1955, in case she is not ready for mutual consent divorce.

 

if there is any contested divorce in USA then that decree can be challenged in India too under section 13 of Civil Procedure Code-1908 based on the ground that the USA court have no jurisdiction as the parties are Hindus and there is no procedure in Hindu Marriage Act-1955 for divorce on the ground of No fault.

 

 You may file the divorce in India if you are in India that will be easy for you, it may take more then 2 years but it may be possible that she choose not to appear before the court and the family court proceed her ex-parte and you may get divorce within 6 months.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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