• Married in India divorced in USA

Married in India. Separated and divorced in USA. Spouse is aware of the divorce process. Court in USA served him the papers but he didn't sign or come to court. Divorce was approved by Judge. 

Do I also have to apply divorce in India as we were married in India? My spouse is not helpful and he is not responding to phone calls or emails or texts. Incase if he doesn't respond when we send him papers will it be considered as ex parte? Also I need to renew my passport do we need indian divorce decree to remove his name from passport? If it's not a mutual divorce can I still remove his name while getting it renewed? Can I remarry in USA if incase in india the divorce is not mutual?
Asked 2 years ago in Family Law
Religion: Hindu

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19 Answers

your exparte divorce decree is not valid in India as husband has not participated in divorce proceedings 

 

2) you may be divorced in USA but continue to be married in India 

 

3) file for divorce in India on any of grounds recognised by HMA 

 

4)you need Indian divorce decree to remove husband name from passport 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

exparte divorce obtained in India would be valid 

 

you can renew your passport 

 

you cannot apply divorce online 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

Since, it is an exparte divorce granted to you in USA, better yout get it validated in India by way of filing a declaration suit in India.

 

Mutual Consent divorce can be granted only when both parties are present in Court and cooperate with each other.

 

Divorce cannot be filed online in India.

 

Yes, on the basis of an exparte divorce decree passed by an Indian Court, you can get the desired corrections endorsed on your passport.

 

Regards

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

no fault divorce obtained abroad is not valid in india 

 

2) you have to come down to india to apply for divorce

 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

it's an ex parte in india too, will my divorce be considered valid YES.
US court divorce not valid in India.
You can give POA to any of your relative to file Divorce in India.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Client,

The validity of an ex-parte divorce decree in India is contingent upon the husband's participation in the divorce proceedings. Therefore, if the husband has not taken part in the divorce proceedings, the ex-parte divorce decree is considered invalid in India. Consequently, even if you are legally divorced in the United States, your marital status may still be recognized in India. To obtain a divorce recognized by Indian law, you can file for divorce in India based on any of the grounds recognized by the Hindu Marriage Act (HMA). It is important to note that obtaining an ex-parte divorce decree in India would be sufficient to remove your husband's name from your passport, enabling you to renew it. However, it is not possible to apply for a divorce online in India, and a no-fault divorce obtained abroad would not be recognized in India. To proceed with a divorce in India, you would need to personally come to the country to apply for the divorce.

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

You need to validate the USA divorced decree in india 

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

- As per law, the divorce granted by the US court in the absence of other party is not valid in India, and only a decree granted after giving opportunity to both the parties is valid in India.   

- Further, a decree of divorce granted by the US court  on the mutual consent is valid in India. 

- Hence, you have to file a contested divorce petition in India for getting divorce , and if he will not appeared before the court after getting notice , then the court may pass ex-parte divorce decree  , and the said decree is valid in India

- Yes , a divorce decree is needed  to remove his name from the passport. 

- Further, if he agrees for mutual divorce , then you both can file the joint petitions before the US court or India court for getting mutual consent divorce 

- You can file the divorce case  in Indian court after giving POA to any relative , in case you are unable to come to India. 

- Separation is a ground for divorce. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Your divorce in USA is considered as exparte divorce as per Indian laws and is not recognised as legally valid in India.

If he is not willing to agree for mutual consent divorce in India, you may file a contested divorce in India.

If you are not able to attend the court hearings you can give a POA deed in favor of any close relative in India to represent you before court on all the court dates of hearing.

Since the US divorce is not valid in India because it was an uncontested divorce., i.e., exparte divorce, the proposed remarriage that you may contract in USA may not be valid in India and you cannot register that marriage in India.

However if you decide to not to return to India and obtain US citizenship, settle down in that country itself, then the USA  remarriage will not have any adverse impact on you.

 

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

In India, the mutual consent divorce cannot be granted without the other party not  appearing before court to confirm the decision to divorce.

However if it is a contested divorce and he remains exparte then that exparte divorce granted in India would be valid.

For removing your husband's name from the passport you may apply for reissue of passport with an affidavit stating that you want to remove his name from the passport since you both are not living together due to matrimonial dispute. 

The divorce decree is very essential for this purpose.

\

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

You can file the divorce case through your power of attorney agent also in India.

You can come to india only during the time of adducing evidence.

The time taken for disposal of the contested divorce would be more than two to three years, however if it is a mutual consent divorce, it can be completed within six months also.

The exparte divorce can be obtained in a span of three months too provided he do not appear before court after receiving the summons/notice

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

You don't have to contest another divorce in India. A foreign divorce decree is very much valid In India. It should be adequate for your passport too, with the name change. 

Srikanth Chintala
Advocate, Hyderabad
30 Answers

If husband has been served with summons and he fails to appear court can pass orders for  exparte divorce 

 

the divorce decree would be valid in India 

 

3) The Delhi High Court has held that a “decree of divorce breaks the marital tie” making the couple competent to remarry and even in an “ex parte decree of divorce” remarriage is lawful if an appeal is not filed within the stipulated time.

 

4) legal effect of an “ex parte decree of divorce” is not different from a decree which is contested. “Therefore, in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation,

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

In India, if a husband has been served with a summons for divorce proceedings and fails to appear in court, the court can proceed with an "ex parte divorce" order. An ex parte divorce decree is considered valid in India and effectively breaks the marital tie between the couple, rendering them legally competent to remarry. This legal effect is no different from a decree obtained through contested divorce proceedings.

According to a ruling by the Delhi High Court, even in cases where the divorce is granted ex parte, meaning one party was absent during the proceedings, the remarriage of either party is lawful if no appeal is filed against the decree within the stipulated time. In other words, as long as there is no appeal lodged within the period of limitation, the ex parte divorce decree allows either party to the marriage to remarry without any legal hindrance.

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

30 days

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

I've read the above comments. With due respect to all, My position is clear. Even an exparte decree obtained in the USA is valid in India except a decree or proceedings of a foreign court are vexatious or oppressive! Even if a divorce is obtained for an 'irretrievable breakdown of marriage", the same is valid in India though such ground is not available in Indian laws. I've dealt with a case in India, in a similar set of facts & I got favorable orders. So, my opinion is out of my experience and research done as part of that case. If you understand Telugu, you may Google/YouTube my name, I've spoken about this subject last month in an extensive way. 

Srikanth Chintala
Advocate, Hyderabad
30 Answers

- After passing ex-parte decree , husband can move an application before the same court for set-aside the decree within 30 days 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

The respondent can file a petition to set an  exparte divorce decree within one month without condone delay petition, and if it is beyond one month then he has to file a petition to condone delay in fling the set aside petition.

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

Yes if it’s exparte in india it’s valid

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

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