• Re-marriage after divorce in USA person got divorce in USA

Person got  diverse  in  USA  one  and half   year back    due  to some person  advise  he applied diverse  in india  and  so far  girl not  given any counter already  8 months  over   now  he is getting married inidia     is there any problem  legally   kindly  advise
Asked 1 year ago in Family Law from Chenni, Tamil Nadu
Religion: Hindu
Hello,
1) If the wife had participated in the divorce proceedings in US the decree of divorce thus obtained is valid and he can legally marry again.

2) There was no need of filing for divorce in India again.He can withdraw the petition in India and go ahead with the marriage.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1) was divorce obtained in USA with consent of wife. 

2) did she participate in divorce proceedings? 

3) If  so divorce in India is not necessary 

4) divorce decree obtained abroad would be valid and you are free to remarry

5)withdraw petition filed in India
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
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Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. File an application to fix up ex-parte hearing under order 5 rule 9 CPC read with sec.151 CPC in the Court in India where the suit is pending.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. The foreign decree of divorce is valid in India but t depends on some circumstances which does not become clear from your query.
2. Without knowing whether the USA decree would be considered valid or not, I can not advise him to remarry.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
4.9 on 5.0
The divorce granted by the US court is valid in India till such time that it is set aside as illegal by the Indian court. The husband acted wisely by seeking validation from the Indian court, but the pendency of the case in the court does not put an embargo on his right to get married. However, the validity of marriage would be subject to the outcome of the validation proceedings.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Then the he may be prosecuted for bigamy and his second wife shall have no legal status.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
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They do not have to face anything. The only caveat is that if tomorrow the court refuses to award recognition to the US divorce then their marriage will become illegal.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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The foreign judgment is open to challenge where it has been obtained by fraud. If his wife has no complaint against his second marriage then he will not prosecute other wise he can face the consequences and he may be prosecuted for bigamy. Bigamy is punishable under section 494 of Indian Penal Code with imprisonment of seven years. If his wife has accepted the authority of US court, it cannot be open to her to later question the authority of the US court.

Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce. Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce. 
The US government has recognized the Indian Civil Marriage between US citizens with Indian under the Special Marriage Act, 1954 in India, they even recognizes the Hindu Marriage between two Hindus of whom maybe an US citizen under the Special marriage Act, 1955. However you may seek the decree of divorce from US courts on the grounds applicable to you but will this decree of divorce be legally applicable/recognized in India or not depends on conditions laid down in section 13 of the Civil Procedure Code & the principle laid down by the Supreme Court of India. If you got married in India then you have to get the marriage dissolved by decree of divorce through district court of competent jurisdiction as provided under the Special marriage Act you got married. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1) you have no answered my query as to whether your wife participated in divorce proceedings or not 

2) if your wife did not participate in divorce proceedings  she can move family court to challenge divorce decree passed in USA court 

3) second marriage would be illegal in india 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
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He will face a case for bigamy 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Dear Querist
if the court grant divorce in India then the person may marry again otherwise the previous wife may file a criminal complaint against husband for the offence of bigamy u/s 494 of IPC. and second marriage may be annulled.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
You have not stated that how the divorce decree  was obtained in US?, whether it was a contested decree or by a mutual consent or an exparte decree?
If the divorce decree in US was obtained by either of the first two modes, then he is very safe and need not have applied for divorce again in India, because that decree itself is a valid decree dissolving their marriage and is recognised by Indian laws as a valid decree. However the exparte decree is not recognised to be a valid decree in India  by its laws.  Therefore, if the US decree was an exparte divorce decree, the present case in India is very much mandatory.  
Thus, as per the pending divorce proceedings in India, there marriage is stll subsisting, therefore if he marries another girl during this time it will not be valid and is void marriage and also he can b booked for bigamy offences including the newly married wife, for the which the sentence, if convicted would be 7 years imprisonment.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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