• Is no-fault (mutual consent) divorce decree from US valid in India?

Hi,

My husband and I (both Christians) got married in India and are living in the US. We are planning to file for no-fault divorce in the US.

1. Will such a divorce decree be valid in India as per Christian marriage/divorce rules/law?
2. If not, do we need to file another divorce petition in India?

Thanks!
Asked 1 year ago in Family Law
Religion: Christian

3 answers received in 30 minutes.

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8 Answers

No fault divorce obtained abroad is not valid in India 

 

better option is to file for divorce by mutual consent in India 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 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.

- 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. 

1. Under the Indian Divorce Act , the Christian couple need to live separately for at least two years before filing the mutual consent petition.

-Further, the couple need to come to court twice , First to file the petition, and then six months after the filing of the petition to record their evidence , however this six months period can be waived after moving an application for the same. 

- Hence, you should file a joint petition for mutual consent divorce ground and not  for no-fault divorce . 

2. You can file the mutual consent divorce petition in US as well. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Yes it will be valid in India. A petition will need to be filed in India for recognizing the decree passed in USA. I have dealt with a similar case where couple for divorce in UAE and got an order in India as well .

Abhiraj Jayant
Advocate, Delhi
49 Answers
1 Consultation

Not rated

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.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

1. The 'no fault divorce' that may be granted by US court is not legally valid in India for the marriage that was solemnised as per India christian laws.

2. Yes, you may have to file a divorce petition again in India because the so obtained divorce decree cannot be validated in India even if you have got one from US court.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Dear client, Generally 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 Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts.

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

Yes valid only if it's mutual consent and validated in india

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

If a divorce decree is passed by a competent US court on your joint petition on mutual consent, it is valid in India. There is no need for further action in India.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

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