Hi, We are not indian citizens married in India in 2017 and live in California. We are filing for divorce in California on mutual agreement. I have couple of questions- 1. Is the divorce valid/effective in India? 2. Should I do any additional filing or submit forms to Indian government? 3. Will the separation date be same in usa and India. Please enlighten! Thank you.
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Sorry! Correction: Both of us are indian citizens.
Act as mentioned herein above
Yes it is valid. But you need to draft the terms as per the available legal grounds in India for grant of divorce on mutual consent
If the reason or grounds stated in the divorce decree is on the grounds of mutual consent and not no fault divorce then it is valid in India.
Yes the answer given was based on the presumption that you both are Indian citizens only.
Being Indian citizens the applicable to you is Hindu Marriage Act. Unless the conditions laid down under Section 13B and other provisions of the Act are satisfied such decree of divorce will not valid in India. The foremost condition is irretrievable breakage of marriage. No fault divorce granted by u.s. Court is not valid India .
Hello Dear X and Y it is advice to you that Divorce decree granted by the Competent Court of Jurisdiction Us is valid decree. It is recognise by indian Courts as well. Secondly, you needs not to bother about filing any form to indian government, but you have to show your divorce decree as and when required by the Department concern. Thirdly the separation date will be the same as per your petition filed before US Court.
Divorce by mutual consent granted by a competent court in the US is legally valid in India. Nothing further needs to be done here.
Mutual consent divorce is valid in India. You just need to get divorce order from Indian court by submitting MCD.
Yes, if the divorce is by mutual agreement it will be valid in India since both the parties have recognized the jurisdiction of the foreign court. You can it registered through registrar. Yes, the date will be same.
It's valid only if you validate the same in indian court.
I am very thankful for your valuable responses and suggestions. Few follow up questions- 1.We just started the process in California. Would like to know if we can file a divorce suit simultaneously in India? or wait for US decree and register it in India. which is better, easier or perhaps faster? 2.Without getting a decree in USA, can we file a divorce suit in india alone? A. Is the presence of both the parties compulsory when we file the divorce in India. we are on H1bs and it gets tricky with the stamping process etc. 3. can any one of the party marry in india after getting divorced in usa on mutual consent? Kindly provide answers. Thank you!
With draw proceedings in USA and then file divorce proceedings in india
2) you cannot file case in USA and india simultaneously
3) you can execute POA in favour of family member
3) physical presence is not necessary
5) virtual presence through Skype is sufficient
6) you can remarry after obtaining divorce by mutual consent
Not required to file in India. if your divorce in USA is on any of the grounds available in India, it holds good for all purposes
1. There's no provision to register US divorce in India.
You can better file divorce on the grounds of mutual consent directly in India, which would be completed in six months time from the date of filing.
2. You both can file divorce case through your power of attorney agents.
3. If the divorce obtained in USA is recognised as legally valid then you can proceed.
No second marriage till you get divorce.
If you want to validate the foreign decree it can be filed in India only after divorce
Same validation is needed in India to marry
- 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.
1. A joint petition should be filed in the court on the ground of mutual consent ,and if the decree will be passed by the said California court in the presence or after taking the statement of both the parties , then that decree of divorce will be valid in India
2. Not mandatory
3. Filing the petition is not mandatory , if the decree has granted by the foreign court on the ground of mutual consent.
- Further, after getting the said divorce decree , both the parties are free to do second marriage legally.
Dear Sir and madam.
It is brought to your kind notice that once you will file mutual divorce Petition in USA you needs not to file the same in India. But I guess there is some time limit as per USA Law. But I can assure if you will file Mutual Petition From Delhi there would be two motion Petition Under Hindu Marriage act. I.e. First Motion Under Section 13(B-1) in which there must be 1 year separation required and Under Section 13(B-2) Petition which called Cooling Period required 6 month period. Now a days, if the parties to the proceeding living separately from each other, let takes example, both are mutual agreed and mention the date of separation for last 2 years since marriage or thereafter. The Family court of Competent jurisdiction Generally allowed both the petition within 15 days.
Oh yes you can file mutual petition in India without getting Divorce divorce in USA.
As So far as your Other part of question it is advice that both the parties present is mandatory while filing the Mutual Petition in India. But there are amendment and now a days court are also considering the dispense of the parties through video Conferencing. If your relative is staying in India your can executed power of attorney in their favour but you both have to appear through virtual mode on the date fixed. Your on line statement will be recorded by the court concern.
In reply to your query No. 3 it is advice that you both the parties are free to get solemnised your marriage in india even after got divorce from USA Court. But, remember you have to bring your Original Decree of Divorce Certificate while solemnising Second Marriage.
25, SUPREME COURT OF INDIA
As you have already started the process there, take it to its logical conclusion. No need to initiate any action here. Once the court grants a divorce order, either party is legally free to remarry.