• Mutual Divorced in USA? Can we file in India using Power of attorney?

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?
Asked 2 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

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 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Yes you can validate the same in India for its Admissibilty in india

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Hello,

  1. You can file a Declaration petition in India seeking your US divorce to be declared a valid divorce.
  2. If you are unable to travel, you can certainly engage a Power of Attorney holder to file the petition on your behalf.
  3. As and when required you can appear on a videoconferencing call before the court in India.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

- 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 . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

If you are divorced by mutual consent by a competent court in the USA, it is recognized under the Indian law. Nothing further needs to be done in India.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer