No, you have to come to India for hearings even if its mutual divorse. Both the parties have to be present here in India.
Married in India, divorce in the US - Validity in India
Hello! My husband and I were married in India and we both currently live in the US. Can we complete the divorce process in the USA so that it is still valid in India? Ours is a mutually consented divorce. Appreciate your advise!
Asked 4 years ago in Family Law
Religion: Hindu
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7 Answers
Mutual consent divorce obtained abroad would be valid in India
you can file petition for declaration under section 7 of family court act in India that marriage is dissolved by US divorce decree
If the proposed divorce is on mutual consent basis, it is legally valid in India, if the decree is passed by a competent court in the US. Both parties are estopped from agitating the issue again in India.
Since US is not a reciprocating country, you have to revalidate the US divorce decree in the jurisdictional Indian Court.
- 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 you both are residing in US , and wanted to end the matrimonial tie , then you both can file a joint petition in US Court on the ground of mutual consent . and the said decree of divorce granted by the US court is valid in INDIA.
If the USA court grants decree of divorce for 'no fault' then it may not be valid in India for the marriage that was solemnised as per Indian laws.
The word that the divorce ws granted on the grounds of mutual consent has be properly mentioned in the divorce decree and judgment to make the divorce as legally valid in India.
No validity till the decree is validated in Indian court
