• Divorce

My husband and I are green card holders in the US, and are looking to file for divorce under mutual consent. I want to get the divorce proceedings done as fast as possible. Can we file a divorce application in the US? Will that be valid in India per Indian laws? Also, how much time does it take for divorce to process in the US?
Asked 1 year ago in Family Law
Religion: Hindu

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9 Answers

Dear client I am sorry to hear that but in this case you can obviously file for divorce in USA and once yhe decree is served in USA. you can file an application for the enforcement of foreign decree under Order 13 of COC.

Anik Miu
Advocate, Bangalore
8869 Answers
110 Consultations

4.7 on 5.0

Divorce by mutual consent obtained abroad is valid in India 

 

better option is to file divorce by mutual consent in India .you can execute POA in favour of family member of you are unable to come down to India 

 

your virtual presence through Skype is sufficient 

 

it takes around 6 months 

Ajay Sethi
Advocate, Mumbai
94710 Answers
7529 Consultations

5.0 on 5.0

Generally the US divorce grounds don't conform to the grounds of divorce including mutual consent that is prescribed by provisions of Indian law. 

Besides for mutual consent divorce in India,  as per Hindu Marriage Act,  it is mandatory that both should have been living separately away from each other at least one year prior to the date of filing the divorce case. 

Whereas in US, the divorce will be granted on the grounds of 'no fault ' and one year separation is also not essential. 

Therefore the US divorce,  even though it is a quicker process,  may not be considered as legally valid for the marriage solemnized in India as per Indian laws. 

Therefore it is advisable that you better file the same mutual consent divorce in India,  which can be completed in six months period. 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

You can file Mutual Consent divorce in US and that too will be valid in the India. Approximately, it will take you 6 months of time minimum

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

A decree of divorce on mutual consent if passed by a competent US court is perfectly valid in India. No further proceedings are necessary back in India. Please consult a US attorney to know the process and the timeline.

Swaminathan Neelakantan
Advocate, Coimbatore
2796 Answers
20 Consultations

4.9 on 5.0

You need to validate the dais divorce decree in India for its admissibility in Indian court

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 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. 

- Since, you both are living in US , then you can file a joint petition for mutual consent divorce there , and the decree of divorce granted by that US court will be valid in INDIA, and further no validation is required from Indian Court. 

- This can take maximum one month time of pass the decree of divorce , and otherwise depend upon the burden of that Court. 

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

Now the divorce decree by mutual consent divorce is very easy and getting fast in India. US mutual consent divorce is also valid if both are accepting the jurisdiction of US court.The Indian Legal System categorises 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. For enforcing a foreign Judgement or an Award from a ‘Non-Reciprocating Territory’ of India, a fresh suit in an Indian Court with appropriate jurisdiction needs to be instituted. 

Execution of US  divorce decree in Inida is different  process .As per the latest Supreme Court judgement 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.

Better Choose Indian legal system for mutual divorce to avoid further complications 

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Dear client as u mentioned both r green card holders. And currently staying in USA .then definitely u can file ur mutual divorce/ (No fault divorce ) in USA . 

Time For mutual divorce in india will take 6 months time.  

In USA .. based upon US laws..

Kavery Anand Pandharpurkar
Advocate, Bangalore
333 Answers
12 Consultations

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