Mutual consent divorce decree would be valid in India
2) you can file petition under section 7 of family court act for declaration that marriage is dissolved by US divorce decree
3) execute POA in favour of family member fir filing petition
Hi My wife and I mutually divorced in the USA and a divorce decree has been issued to us in a USA court. Due to current visa restrictions, we both can not come to India is there any way we can file the divorce in India or certify divorce in india?
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Mutual consent divorce decree would be valid in India
2) you can file petition under section 7 of family court act for declaration that marriage is dissolved by US divorce decree
3) execute POA in favour of family member fir filing petition
Divorce obtained by mutual consent is not acceptable by Indian Court. Only if the divorce is contested and obtained it my be held valid in India. There is no procedure for filing divorce from U.S. India when both are not in India. At lest one party should appear in Indian Court, the other party can appear through GPA and can register his/her presence through video conferencing.
As you have obtained a mutual consent divorce in USA, the decree is valid and enforceable in India too. An execution application must be filed in the Indian courts.
You may not file anything and that would be fine if neither parties raise any objections.
Hello,
The US divorce no doubt would have been under mutual consent but the reason, if it is stated as 'no fault divorce', then it may not be recognised as legally valid in India for the marriage solemnised as per Indian laws.
Therefore you people can apply for mutual consent divorce once again in India through your respective power of attorney agents and then appear before court for 2nd motion to confirm your decision to divorce and get the divorce through court.
Dear Client,
You can apply for divorce in India while being in the USA by giving Power of Attorney to someone to represent you in the Indian Court. But your presence once or twice is essential during the court proceedings.
Thank You.
- 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.
- Since, the said decree of divorce is granted by the US Court on mutual consent , then this decree is valid in India , and it not need any validation from the Indian Court.
- Now you both are legally separated from each other , and there is no relation between you both .