Mutual consent divorce decree obtained abroad is valid in india
no need to get it validated from Indian courts
file petition for declaration that marriage dissolved by US divorce decree in family court
you can execute POA in favour of family member
Got Mutual Consent Divorce decree in USA. But Passport Office asking to get decree from India
After 1.5 years of living separately, my wife filed for Mutual Consent Divorce from New Jersey, USA and got the judgement in Aug 2022. We both still live in New Jersey. I applied for fresh passport trying to remove Spouse Name. I had provided US Divorce decree/ judgement. But Passport application had kept on hold mentioning to provide the Indian Divorce decree as we got married in India. Got to know if the divorce is mutual with no civil/ criminal cases and if both parties are residing in New Jersey, then that Divorce decree will be valid in India too. - How/ What to tell the Passport about the same? - How to get Indian Divorce judgement within 1 or 2 months or less period? We both cannot attend India Courts at the same time for sure.
Asked 8 months ago in Family Law
Religion: Hindu
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10 Answers
Decree of divorce obtained on mutual consent from U.S. Court is not valid for spouses married in India under Hindu rituals. You need to obtain MCD from Indian Court. It is not possible to obtain any such decree within less than 8 months to one year. At least one of the spouses should appear in Indian court at the time of presentation of MCD petition and at the time of final hearing. It is not possible to obtain any such decree within shorter period.
Inform the passport office that the Divorce obtained by you in US is valid as both of you voluntarily submitted to the jurisdiction of US court and obtained mutual divorce as such it is as good as divorce obtained in India.
If required submit an affaidavit from your ex.wife that the Divorce obtained at USA is mutual
Still the officer didn't agree, remedy is to file a writ petition in India and to seek direction for issuance of passport without reference to such request of producing divorce from India court
1. US Divorce Decree/Judgement in mutual consent divorce has to be revalidated in the jurisdictional Indian Court, as US is not recognised as one of the reciprocating countries by the Indian Government.
2. Once or twice, physical presence by both of you in the jurisdictional Indian Court would be essential. On other days of the proceedings, you and your wife can authorise someone through POA.
Dear Client,
The divorce decree by a US court is very much valid in India and you need not get a declaration of the same once you are in possession of divorce decree.
Divorcees applying for a change of name are required to furnish a divorce decree authenticated by the court.
Thank You.
The divorce granted in USA may be by mutual consent but the reason written in the divorce decree would be 'no fault divorce ' which is not recognised as legally valid divorce for the marriage solemnised in India as per Indian laws.
You may both file a mutual consent divorce petition in India through your respective power of attorney agents and you both can attend the court for confirmation during second motion.
Mutual consent divorce by a foreign Court is valid in India. However, you will have to file a suit for declaration in Indian court having jurisdiction to enforce the foreign decree.
You can give POA to someone to attend the court proceedings in Indian courts.
You need to validate your decree in Indian court for Admissibilty in India
If your divorce in the USA was by mutual consent, it is legally valid in India. You need not do anything further. Meet the passport officer in person and convince him/her of the legal position. You may get a written opinion from any lawyer on this forum or elsewhere for the purpose.
- 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.
- Hence, if the said divorce is granted by the US court on the ground of mutual consent , then it is dully valid in INDIA , and no decree or validity is required from India Court.
- You can submit the said US decree for the passport official ,and they cannot refuse for the same
- However, if they insist then you can file a petition before the family court in India for validation of that decree of divorce granted by the US court.
