• Is divorce in USA valid in India

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.
Asked 4 months ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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19 Answers

Divorce by mutual consent obtained abroad is valid in India 

 

2) however it is better you file for  divorce by mutual consent in India 

 

3) you have to stay separate for period of one year before filing for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

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 

Sricharan Telaprolu
Advocate, Hyderabad
160 Answers
71 Consultations

4.9 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Yes the answer given was based on the presumption that you both are Indian citizens only. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

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 .

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

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.

Regards 

G.L.Soni

Advocate

 

 

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

Divorce by mutual consent granted by a competent court in the US is legally valid in India. Nothing further needs to be done here.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

Mutual consent divorce is valid in India. You just need to get divorce order from Indian court by submitting MCD.

Ganesh Kadam
Advocate, Pune
12423 Answers
193 Consultations

4.9 on 5.0

Dear Client,

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.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

It's valid only if you validate the same in indian court. 

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

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 

Sricharan Telaprolu
Advocate, Hyderabad
160 Answers
71 Consultations

4.9 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

  1. There is no any procedure to register/validate foreign decree by Indian Court. Either a decree from foreign Court is valid under stringent conditions or invalid.
  2. You are advised to file a mutual consent divorce in India after withdrawing divorce  proceeding in U.S. Court. As simultaneous proceedings on same prayer is barred under Section 10 of Civil Procedure Code, 1908.
  3. Presence of any one party is sufficient, the other party can execute a GPA in favor of his/her relative and GPA can appear for him/her in Court.
  4. Any marriage under a doubtful decree of divorce is open to challenge by other spouse, the  risk is there throughout life.
  5. Prepare a general power of attorney in favor any of your blood relative in India on white paper giving him powers to file divorce on your behalf. Go to the office of  Indian Consulate   or high commissioner with the  GPA  and get the GPA   Send the GPA to the person named. He will be entitled to file divorce on your behalf through Advocate. After that other proceeding can be conducted through video conferencing.

Section 13 B of Hindu Marriage Act, 1955  provides for mutual consent divorce ..

Document required…                                                                                                                   

  1. Aadhar card/passport.
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  7.  
  8. Joint divorce petition.

    1. Both parties have to appear in Court for filing divorce, at least on party in person the  other can appear through vc.
    2. After Registrar of MCD, a date after six months will be given for second motion.
    3. On the second Court will ascertain whether the  parties are still willing to for divorce, on their consent, a decree of divorce  will be passed, it may take another one month.

No second marriage till you get divorce.

 

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

If you want to validate the foreign decree it can be filed in India only after divorce 

Not compulsory

Same validation is needed in India to marry

 

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 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.

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. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

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.

Regards

G.L.SONI

ADVOCATE

25, SUPREME COURT OF INDIA

NEW DELHI-1

 

 

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

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.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

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