• Unregistering an Indian marriage after obtaining divorce in US

I am an Indian citizen who is working in the US.I got married in India; however, due to irreconcilable differences i got divorced in US by mutual consent.
I would like to re-marry now. is it necessary for me to obtain a divorce again in india?
or else,can i present a copy of my US divorce decree(which was also apostilled in indian embassy in the US) to the indian marriage registration office to get my divorce finalized in india?
Also,if i registered my former marriage in one marriage registration office , can i get my divorce finalized in another marriage registration office?
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) your divorce decree obtained by mutual consent in USA is valid in India 

2) you don't need another divorce decree in India 

3) you are free to remarry in. India and have your marriage regd  in India 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. If you have obtained decree of divorce from USA Court based on mutual consent divorce application jointly filed by you and your wife and if the court proceedings were attended by both of you, then the said decree of divorce is acceptable by Indian Courts,

2. You are required to get the said decree of divorce endorsed by Indian Court by filing an application.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. File an application praying for a declaration that the said decree of divorce granted by the USA Court on the ground of mutual consent is conclusive u/s13 of CPC,

2. Certified copy of the said decree of divorce granted by the USA Court is required to be presented along with the said application,

3.The time to be taken can not be presumed by it it depends on how the matter is followed up by your lawyer. It should take 1 to 2 months,

4. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
There is absolutely no requirement to take fresh divorce from india nor there is any need to get it regularized in the office of Registrar.
Any authenticated copy of decree of divorce granted by US court is enough for you to register a remarriage in India. There is no law o procedure by which you can get that decree authenticated by Indian court. The mutual consent decree passed by USA court is valid in India.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
If the decree obtain by mutual then it is valid in India.The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce.

The exceptions that Supreme Court has permitted to the above rule laid by it are as  follows in a case where husband has filed for divorce in a foreign land:
A) The wife must be domiciled and permanently resident of that foreign land AND the foreign court should decide the case based on Hindu Marriage Act.
B) The wife voluntarily and effectively attends the court proceedings and contests the claim on grounds of divorce as permitted under Hindu Marriage Act.
C) The wife consents to grant of divorce

Getting the divorce by mutual consent if so no one challenge that decree means no need for regularise that decree in India.You can marry another person. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1) it is not necessary to get it endorsed  by  indian courts 

2) there are number of judgements where decree has been passed with consent of parties in USA it would be valid in india 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
 Once a decree of divorce is granted by a foreign court after the parties submit to its jurisdiction and contest the case, the marriage stands validly dissolved, the Bombay High Court has held. 

2) "As such nothing further survives in the marriage.i t is an abuse of legal process to adjudicate upon matters already decided by foreign Courts which are conclusive under the Indian Laws,"

3) in your case divorce has been granted  by mutual consent . both parties participated in divorce proceedings . your divorce decree would be valid in india and it is not necessary to take an legal proceedings in India
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi sir/madam, you can get divorce copy and submit before the Indian Embassy in the U.S. and not necessary to obtained the divorce in India, already divorce decreed is sufficient for dissolve the marriage. You can marry again on the basis of said marriage divorce decree. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
The dissolution of marriage by a decree of divorce on the grounds of mutual consent  granted by a   US Court for a marriage solemnised in India as per Hindu law is very well recognised and valid in India as per Indian laws and you need not apply for its registration in India again. Marriage  registration is  the only thing  done by the marriage registrar in India, they do not register the decree of divorce, it is a matter of  court of law to dissolve the marriage by a decree of divorce. 




what is the procedure for filing an application to get the US decree of divorce endorsed by indian court?
is there an application available where by i can directly apply providing the needed documents?
It is not necessary and there is no such procedure except to file a suit to declare the divorce decree of US court of law.as valid.





how long will this procedure take? should i do this though it was my former spouse who applied for the divorce in the US?
This question is unnecessary,better understand  law and then move the things, do not be misguided by reading half thing and understanding a different thing.
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
1. There is no concept of "de-registration of marriage". Once the court has granted divorce the registration certificate ceases to have any legal force as it is operative only as long as the marriage subsists.

2. The divorce granted by the US court is valid in India till such time that it is challenged by your ex-spouse in an Indian court and is set aside as illegal by the court. As a corollary thereto, if your ex has not challenged the divorce in India you are at liberty to remarry. You can also apply to an Indian court, if you desire, to award recognition to the decree passed by the US court.

3. While registering your subsequent marriage you should present the decree passed by the US court, to ensure that registration proceeds to a logical conclusion.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0

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