You need to contest the divorce in India too as without consent divorce of US is not admissible in. India
No impact
She can file new case in India if the marriage has solemnized in India
Yes it's valid in India
Divorce
Tee marriage took place in India in February 2022. Currently we are in Texas, USA. Wife cheated on me three times during this period even after several warnings. Would like to take divorce in USA but she is not agreeing to give the divorce and her parents are threatening me. I have audio recordings and WhatsApp screenshots that she had chatted with her boy friends. Also she has confessed her mistakes in a notebook. What if i file divorce case in Texas and does it valid in India too if i get the divorce here in Texas. As per Texas law, mutual consent is not required to get the divorce but as per Indian law it is mandatory to have mutual consent. What is the way to get make it valid in India too and how will it impact on my immigration status in future when i will be in India for stamping. My questions are below : 1) If i get divorce here without her consent (as she is not agreeing to give divorce), how do i make it valid in India 2) How it impacts on my immigration status as currently on H1B 3) There is no fault from my side but she had sent her naked pics couple of times even after several warnings 4) If i get divorce here, does she have any chances to reopen the case in India and stay her marriage 5) Are these audio recordings, WhatsApp chat screenshots, her confession wrote on a note book valid as an evidence in India Currently am under depression because of her cheating and i am unable able to digest the things. Please help me by answering both pros and cons accurately.
Asked 1 year ago in Family Law
Religion: Hindu
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8 Answers
Mutual consent divorce is valid in India. Whoever told you that it isn't valid in India is wrong. But in mutual consent divorce cases both parties have to agree for the divorce to take place. Here she doesn't want to go ahead.
You can file a divorce petition in USA but unless she accepts the jurisdiction of the US district court, the divorce would not be valid in India as you married in India under the Hindu marriage act.
You can take divorce in the US. I don't think she knows about the jurisdiction issues. Wven if she does or she consults a lawyer who tells her that the decree is useless in India then too you may again file a divorce petition on grounds of cruelty and adultery. The courts here will grant divorce as you have ample evidence and all this electronic evidence is admissible.
You should file for divorce in USAon grounds recognised by Hindu marriage act like mental cruelty , adultery etc
2) no fault divorce is not valid in india .if you obtain no fault divorce in USA
wife can file petition in india for RCR
3) audio recordings, what’s app screen shots , confessions written on note book are valid in india
4) better option is to file for divorce in india on grounds of mental cruelty and adultery
The marital laws in Texas and India are very different. The decree of divorce from US is courts not at all accepted in India. As per the latest Supreme Court judgment which held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.
Foreign court decrees of divorce or dissolution of marriage are valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.
Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce.
The Indian Legal System categorizes Foreign Judgments and Awards from all the quarters of the world into two groups Viz. (a) Judgments and Awards coming from the ‘Reciprocating Territories’ of India and (b) Judgments and awards coming from the ‘Non-Reciprocating Territories’ of India.
Who wish to take benefit of Indian laws and the legal system should avoid facing up to any foreign judicial system.
is a Non-reciprocating territory. For enforcing a foreign Judgment or an Award from a ‘Non-Reciprocating Territory’ of India, a fresh suit in an Indian Court with appropriate Jurisdiction needs to be instituted. No doubt that Foreign Judgments from Non-Reciprocating Territories need to pass through the sieve of the Indian Judiciary, but the sieve used is broad and spacious enough to allow the sink in of ‘the cause of Justice upheld by the courts of Foreign Countries. Whereas in case the decree is of a court in a non-reciprocating foreign territory, a party has to file a fresh civil action (suit) on that foreign decree, or on the original underlying cause of action, or both in a domestic Indian court of competent jurisdiction. Also the burden to show that the foreign decree, if he sues it, satisfies the tests of Section 13 on the person seeking execution. But once the person seeking execution satisfies the court that the parameters of Section 13 of the CPC are met, it is not possible to examine the sufficiency of evidence on merits before the foreign court, or to test the correctness of the decision.
Audio recordings, what’s app screen shots, confessions written in note book are used as evidence
1. The divorce decree granted by US court without her participation is not valid in India especially for the marriage solemnized in India as per Indian laws.
2. The divorce decree has nothing to do with immigration status.
3. That's a matter of trial in the divorce case.
4. Yes.
5. They are not considered as valid evidence and permissible as primary evidence in court in India.
You can file a divorce case in India instead of wasting your efforts for divorce in USA
- Divorce obtain abroad is not valid in India, it is unenforceable and cannot be regularized under any circumstances.
- It will not impact your visa unless you are on dependent visa.
- This can be ground for obtaining divorce in India. A contested divorce can be filed in India through GPA making appearance in Court through video conference.
- Divorce obtained abroad, can be successfully challenged in India .
- All electronic and documentary evidence is admissible in Court.
- If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
1. 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.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- Further, if the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- Hence, if she will not participated in the proceedings , then the decree of divorce granted by the US court will not valid in India.
2. No impact
3. You can file a contested petition before the court on the ground of cruelty and extra marital affairs before the US Court , and if she will participated in the case, then that decree will be valid in India , and no fault divorce is not valid.
4. She can file cases against you in India,
5. Yes
You can contact me , if further suggestion needed.
Dear client,
Divorce taken in Texas won't be valid in India.
Thank you
