Your US divorce decree by mutual consent is valid in india
you can file petition for declaration under section 7 of family court act that marriage is dissolved by US divorce decree
Hi, My ex-wife and I lived in US (I am still in US but my ex-wife moved to India). We both got a divorce in US with mutual consent and also have the court issued decree. Is it required by us to file for a divorce in India since our marriage was registered in India? Also, if we have to, can we somehow use US decree and an Indian divorce decree sooner?
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Your US divorce decree by mutual consent is valid in india
you can file petition for declaration under section 7 of family court act that marriage is dissolved by US divorce decree
If the divorce by an USA court was granted for the reasons stating as 'no fault divorce' even though you may refer it as divorce on the grounds of mutual consent, this may not be held as legally valid divorce as per Indian laws.
Hence you may confirm the status or the reasons stated in the divorce decree.
If the divorce granted by USA court is not recognised as legally valid then yo may have to apply for divorce afresh in India, however this divorce decree papers can be used as documentary evidence in the Indian court ans eek to expedite the divorce process.
Make sure that your ex-wife participates in the divorce proceedings in India to make it happen quick
Since US is not a reciprocating country, you have to revalidate the US divorce decree in the jurisdictional Indian Court.
The decree obtained in US is valid as both of you consented to the jurisdiction of the US district court.
An execution application must be filed in India for execution of the decree.
Dear client,
If the grounds on which you got a divorce in the US also exist as grounds in India, then the US divorce decree can be deemed as valid in India as well. If such grounds for divorce do not exist in India (for eg., irretrievable breakdown of marriage) then you will have to file for divorce in India as well.
Thank you.
A decree for divorce by mutual consent passed by a US court is valid in India. As it is by mutual consent, either party is estopped legally from any denial or appeal in future. Nothing further needs to be done in India.
- 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.
- Hence, if the said decree of divorce was granted by the US court on the joint petition of mutual consent , then that decree is valid in India, and not need to be validate in India.
Mutual consent divorce by a foreign Court is enforceable and legally binding in India. There is no need to get another divorce decree by Indian courts.
You will just need to file a suit for declaration in order to enforce the decree by the foreign court in India.