• Mutually Divorced in USA. What is the process to validate that divorce in Indian court

Hi Sir/Mam,

My Sister got mutual consent divorce in USA. As the marriage took place in India, do they need to take divorce in Indian court? 

They are seeking for a divorce from Indian court as well. By submitting the divorce documents that they got from USA court is enough? How this process happens?

Is she required to visit India to get divorce from Indian court? She can't come to India now because of her visa constraints. Is there any chance that the other party can file a case to bring her India? 

As she is not visiting Indian court for proceedings, will he able to file any other cases on her?? Will there be any legal action taken on her (like cancelling her passport and visa)?
Asked 3 years ago in Family Law
Religion: Hindu

12 answers received in 1 day.

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13 Answers

Even if it was a mutual consent divorce,  the courts in USA give reason as no fault divorce or irretrievably broken down,  both of them are not recognized as legally valid in India for the marriage that was solemnized in India as per Indian laws. 

However the divorce absolute granted by US can be produced as evidence in the proposed divorce case to be filed in India. 

She can give power of attorney deed in favor of any close relative in India to conduct divorce case in India on her behalf,  but she may have to be physically present before the court concerned at the time of letting in her side evidence. 

Her husband cannot file any case to bring her back neither there's any reason to get her passport cancelled. 

She can file the case in India as suggested above at her convenience 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

A divorce has already been obtained by the husband and wife by mutual consent in the US. Now you don't have to obtain the divorce a second time. You can just take the decree obtained in the US district court and file it in India for execution.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Mutual consent divorce obtained abroad is valid in india 

 

you can file petition under section 7 of family court act for declaration that marriage is dissolved by US courts 

 

3) if you can’t come to india execute POA in favour of family member for filing petition 

 

4) her passport , visa would not be cancelled 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

 

Execute POA in favour of family member 

 

get it attested before Indian consulate 

 

her virtual presence through Skype is sufficient 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

  1. It is not necessary for both the parties to be present in Court for obtaining divorce. Divorce can be obtained only if one party appears in Court and the other can appear through GPA executed abroad and notarized or attested by Indian Consulate/Embassy. Physical presence can be registered through VC. A valid divorce can be granted through GPA.
  2. A Indian national is bound by Indian law all over the world, if he wants he can file cases against her.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

If she will not be able to come to India for this divorce case, then let her husband file a contested divorce case on the grounds of cruelty.

After receiving the summons, she can choose not to attend the case.

In that case the court may set her exparte and an exparte divorce can be granted by Indian court which is also equally valid to the regular divorce decree 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

It is necessary to peruse order passed by court to advice 

 

if order mentions that divorce has been granted by mutual consent divorce decree would be valid in india 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Yeah that is correct. The decree ie the order granting divorce does NOT contain the parties signature.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The divorce decree even if it is by mutual consent,  granted by US courts would be valid in india only if it was  on the grounds that are recognized as per the provisions of Hindu Marriage Act, 1955.

Generally the wording i the divorce decree even under mutual consent, the US courts will mention as 'no fault' divorce, and this is not recognised as legally valid divorce in India for the marriage solemnised in India as per Indian laws. 

The judge's signature or the parties signature are all technical terms which may or many not be considered as vital to recognise the decree in India. 

Since no system of private international law exists that can claim universal recognition on this issue, Indian courts have to decide the issue regarding the validity of the decree in accordance with the Indian law. 

Therefore according to the latest Supreme Court of India ruling the grounds for divorce should be recognized by the Indian law. Indian courts will not recognize a divorce decree obtained in the US if the grounds are not recognized by the Indian divorce law.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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. 

If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court.  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. Further, Judgments from a ‘Non-Reciprocating Territory’ only have evidentiary and persuasive value in the eyes of India Judiciary and they must be filed for enforcement within three years from the day when they were originally passed.  No doubt that Foreign Judgments from Non-Reciprocating Territories need to pass through the sieve of 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.

Indian law recognizes mutual consent divorce decree. In order to validate the US decree, you will have to approach the Indian family court and file a fresh suit for validation .

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

 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 divorce is granted on the mutual consent , and both the parties were present before the US court for the same, then the decree of divorce granted by the US court is legally valid in India, and further no validation is required from Indian Court. 

- Further, after getting the divorce they are separated and there is on relation and lability left on each other , and now legal action can taken place against her . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear client I am sorry to hear that but encase you want to enforce the divorce degree in India you have to file a petition order 13 of CPC for the enforcement of foreign degree in India

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

You need to apply to Indian court for validation if it's mutual then chances are speedy 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

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