Your divorce decree would be valid in india 

you were divorced by mutual consent in USA 

your ex wife is at liberty to remarry 

Both took U.S. nationality, the law applicable to both of you is U.S. law, divorce obtained under U.S. law is final, it cannot be challenged in India. 

As the divorce granted in the USA was on mutual consent, it is binding on both parties and is recognised in India.

USA mutual consent divorce would be valid in India.

ex parte(uncontested divorce) of overseas courts are not valid in India..

Dear Client,

Since, the you both got divorced through mutual consent that means both the parties accepted the US court's jurisdiction and therefore the decree passed will be applicable in India unless there was an error of law or bias while passing the judgement. So, yes your wife can get married to another person.

Yes you can challenge it in India but your mutual consent factor will go against you

When it comes to mutual consent or consensual divorce order, the verdict conceded by a Foreign Court is viewed as a lawful, valid and official decree in the Indian Courts by the virtue of Section 13 & Section 14 of the Indian Civil Procedure Code, in which Section 13 lists the conditions when a judgment given by foreign court shall not be viewed as legitimate in India and Section 14 clearly states that when the Indian Courts would deem the Foreign judgment to be the final one. A verdict which isn’t affected by Section 13 need not be approved again in India and will be viewed as final under Section 14 of the Civil Procedure Act.

A Foreign Divorce Verdict Will Be Viewed As Valid And Final if the spouse agrees to the divorce decree of the foreign Court in spite of the fact that the jurisdiction of the foreign Court isn’t as per the Divorce Law of parties involved, to be legitimate and the verdict given by those foreign Courts to be final.

So you should firstly ascertain the divorce whether it was of mutual consent or contested or a no fault divorce to enable you to challenge the divorce in India.

1. It appears that your wife has availed the decree of divorce from USA Court.

2. Was it a mutual consent divorce i.e. did you contest the divorce petition filed by her before the USA Court?

3. If yes, then she is required to get the said foreign decree of divorce validated by the appropriate Duistrict Judge in India since she has married you in India as per India Law.

4. Till the said foreign decree of divorce is validated by Indian Court, it will not be considered as valid and you and your wife shall be considered as legally married husband and wife.

5. You can file a police complaint before the concerned  Police Station in Indian against her and her new so called husband bringing the charge of bigamy u/s494 of IPC which is punishable with jail term for 7 years with or without fine.

You have stated that it was a mutual consent divorce. Once you have agreed to a mutual consent divorce then you cannot challenge the divorce in India.

If the divorce was taken by your wife without informing you ie exparte and you didn't appear then you may challenge the divorce and the subsequent marriage.

- If the said decree of divorce was granted by the US Court on the ground of mutual consent ,and both the parties were present before the court of the fixed date of hearings , then this decree cannot be challenge in India. Otherwise yes. 

- 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.