We applied mcd on basis of in supportability because of discord or conflict of personalities between myself and Respondent that destroys the legitimate ends of the marriage relationship, and there is no reasonable expectation of reconciliation. Petitioner and Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability. I honestly couldn’t understand conflicting answers from attorneys. Few say its valid in india and others totally deny it, saying its invalid in india. There is no physical abuse or adultery in my case except our personalities did not match. What should be ground for my mcd case, so the decree from usa court can be valid in india. My attorney said we can register your divorce in india under some section 7 and others said i need to validate my divorce in sub registrar office. But I have seen few attorneys In kanoon site saying there is no such process. Please suggest
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No fault divorce is not valid in India
for valid divorce decree it has to be passed on grounds recognised by HMA
mutial consent divorce is recognised by HMA
you can file petition under section 7 of family court act for declaration that marriage is dissolved by US divorce decree
Since USA is not considered as one of the reciprocating countries by the Government of India, the divorce decree obtained from USA has to be revalidated in the jurisdictional Indian Court to make it legally valid and binding in India.
if you want to make yourself sure, go through the guidelines issued by SC of India in the case of Y. Narsimha Rao's case for validity of decree of divorce by foreign. I have no opinion about what others say, but my understanding is such divorce not valid neither it can be validated by any Indian authority or Court.
You have been explained about the Indian laws in this regard.
Now it is up to you to follow the opinion given by various advocates accordingly.
The no fault or insupportability is not recognized as a ground for divorce in India.
Therefore even if you apply for validation of your divorce under section 7 of family court, your petition may not be entertained as this I'd not a legally valid ground for divorce for the marriage solemnized in India as per Indian laws.
If you want to go ahead on the basis of misleading information then the future legal problems in this regard may be inevitable.
Dear client, I am sorry to hear that but when we talk about India. It does not have mutual consent as a ground for divorce however In the case of mutual consent divorce decree passed by foreign court. It is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code.
1. Foreign Decree is not valid in India unless it has been obtained duly complying with all the requirements of the relevant Act of Indian Law.
2. Even if it complies with the provisions of Indian law, such decree is required to be validated by the local District Judge in India for which an application shall have to be filed.
3. In your case it appears that you both have jointly filed the MCD petition before the US Court and the proceedings complied with the provisions of the relevant Indian law for which the said MCD shall be considered as valid in India provided you get it validated by filing an application before the concerned District Judge in India.
You can validate the decree by executing it in India under 44A of CPC
See you can either get divorce decree here in India or the USA. If you get decree from USA it will attain finality in India and there should be no problem as such in getting the decree acquired by the court. I have myself worked on one such case where parties took divorce in Dubai and got it legally enforced here in India. In India if you decide to get mutual consent divorce there is no need to show any fault of the other party. You have to establish breakdown of marital relationship.
- As I have mentioned earlier that if the divorce is granted on mutual consent and on the joint petition of both the parties, then the Decree of divorcee granted by the US Court is valid in India , and it is not mandatory to validate the same under section 7 of the Family Act.
- Further, the divorce granted on any other grounds like no fault or insupportability is not valid in India.
Sir, Its a divorce by mutual consent and we have MOU signed in usa stating alimony and other but the decree says: IT IS ORDERED AND DECREED that XXX, Petitioner, and XXX, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability.
In supportability is not ground for divorce recognised by HMA
mutual consent divorce is recognised by HMA
Yes USA decree can get enforced in India. There will be no problem whatsoever
Insupportability is not a ground for divorce as per Indian laws.
Therefore the divorce granted by US court on this ground is not recognised as legally valid divorce.
As per Hindu Marriage Act, incompatibility or difference of opinion can be pleaded as reason for mutual consent divorce
If both of you filed a petition for mcd and the decree was granted accordingly, it is perfectly valid under the Indian law. Besides the court decree, hold copies of the petitions as well in your records.
- If the said MOU signed by both the parties was submitted before the Court , then it will be considered as Mutual consent , and the decree of divorce will termed as Mutual consent divorce , and both the parties appeared before the Court , then the decree is valid in India , and not validation from the Indian Court is mandatory .
1. Fine, your proceedings for getting the MCD decree is in consonance with the provisions of Indian Act for obtaining the decree of divorced based on MCD petition.
2. However, it is a foreign decree which you shall have to get validated by Indian Court by filing an application seeking its validation.
You need to validate it in India for its admissiblility