1. No

2. if the divorce has been obtained with mutual then the same will be a valid divorce in India.

3. However, if the other party will easily appear before the court in India then you may file a declaration suit to obtain a declaration to the effect that the divorce obtained in USA is a valid divorce.

4. Even if she challenges the same then you may contest it by saying that it was a mutual consent divorce which is a valid divorce.

Regards

divorce decree would be valid in India

2) you can file petition under section 7 of family court act for declaration that marriage is dissolved by decree passed by foreign court

3) notice would be issued to wife

4) if there is no objection court would pass order declaring marriage is dissolved by decree passed by foreign court

The Foreign Divorce Decree is valid if both the parties have consented to subject themselves to the jurisdiction of the Foreign courts.

The person can remarry in india under HMA.

The foreign divorce decree can be ratified in india, if both the parties agree.

1. No, because your divorce was finalised by the foreign court with the consent of both the parties.

2. No, no need.

3. N/A

4. This is a possibility, but since she too participated in the divorce proceedings before teh Foreign Court, her chance of succeeding is very little.

One option you have to file a declaratory suit under sec. 7 of the Fam Court Act and get the verdict of the Foreign Court affirmed.

Sir the divorce granted is mutual consent I understand from the word settlment.

1. You need to file declaration of divorce in India and get order from the family court of declaration.

2. Yes declaration has to be filed in the India court so.there is no issue in future.

3. In the family court where you were.married file a declaration of divorce decree of foreign court if the divorce is mutual consent if not mutual consent then you have to file divorce in Indian court.

4.She can challenge the validity of foreign divorce that is why it is necessary to file in Indian court

Hello

You are the citizens of India and were married as per the hindu law. You can file a case for divorce in india and can get divorce as per the hindu marriage act.

But the indian courts recognise a foreign decree. A foreign court does not have jurisdiction to pass a decree of divorce in your matter unless of course you submit before it Nd accept its jurisdiction which you have done.

Therefore the decree you have obtained must be executed in India.

Execution of the foreign decree must be made and therefore an execution application must be filed with the concerened court.

Although she can challenge the decree on grounds that it was obtained by fraud misinformation or pressurising her....or that she did not subject herself to the jurisdiction. But i dont think she is gonna do that otherwise she wouldn't have attended the proceedings.

Regards

Dear Client,

Foreign court judgement is conclusive in India except assail by aggrieved party in Indian court.

No legal issues, kept certify copy of court order along for ready reference if needed.

Not required, rest for your satisfaction, you can file for execution of order in Indian Court.

Have to apply in district court where you have permanent address or marriage solemnized.

If court order is by mutual consent, he can`t challenge.

1. If both of you attended divorce proceedings in US and if the ground for obtaining divorce is one of the grounds recognised under the Hindu Marriage Act, then you can obtain divorce in US.

Practically it's not possible and only one option is if both of you agree for 'No fault divorce' and obtain a favourable decree, then it is equivalent to Mutual Consent Divorce under Hindu Marriage Act and will be recognised in India also. There will be no legal issues if the above procedure has been followed.

2. After obtaining divorce from US as 'No fault divorce', then there is no need to obtain divorce again in India, if both parties have participated in divorce proceedings.

3. If both the parties attended divorce proceedings and obtained favourable decree of divorce, then the parties can publish a Public Notice in Indian leading newspapers in local language of the province as well in English language papers giving wide publicity about the dissolution of their marriage, so that all connected people come to know about their parting through divorce.

4. Spouse cannot harass you by applying for divorce in Indian courts, if both have participated in the divorce proceedings in USA and ample opportunity was provided to both to air their grievances against each other during the court proceedings.

1) Foreign court divorce decree is not valid in India only Mutual Consent Divorce of foreign court is valid.

2) Here in India you have to re apply for divorce or get Mutual Consent Divorce and than can proceed for second marriage.

3) Yes, you're wife can harass you on the above points.

Yes you need to take divorce in India for this purpose you have to file a petition in Indian Court on the basis of divorce you got from the foreign country to get it ratified.

Your headband will also join the petition of ratification.

Only after the court decision in the matter you may be free for remarriage.

As you stated that the divorce by foreign Court was done by way of mutual consent between the spouses, then the divorce decree is completely valid in India.

You would have to file an application in family court to declare your marriage as legally dissolved and thus executing the decree of the foreign Court under section 7 of the family court act.

1. The scope of a challenge to a foreign decree of divorce is very narrow. It can be challenged on the ground that the ground on which it was granted is not a ground of dissolution of marriage under Indian law or that it was obtained in a fraudulent manner.

2. After 90 days from the date of passing of the decree you are free to remarry in India.

3. No paper work is required as the decree is valid in India for all legal and practical reasons.

Dear Sir,

Normally foreign court decrees not enforceable in India since Indian marriages celebrated under Hindu Marriage Act not recognize by foreign countries.

You may again file mutual divorce on the basis of foreign court decree to avoid future complications, if your wife is willing.

Your wife may raise issues again in India if you go for second marriage without divorce decree passed by Indian court.

Hi sir,

The key rule laid by the Supreme Court can be summed up as follows: If a couple is married under Hindu law, (a) the foreign court that grants divorce must be acceptable under Hindu law; and

To sum up one can say that exceptions aside, a Hindu couple married in India must seek divorce from an Indian court only.

The two notable exceptions (when a foreign decree of divorce is valid) are (a) when the couple decides to take divorce by mutual consent and (b) when the person who is contesting divorce attends divorce proceedings and the foreign court grants divorce on grounds that are permitted grounds of divorce under Hindu Marriage Act.

One should not draw comfort from inaction of the person who did not participate in divorce proceedings. The implications of an invalid divorce may appear many years later and even may arise after the death of the person who got the invalid divorce from a foreign court. (b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law.

The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce.

1.Your decree of divorce passed by the foreign court is not valid in India as per indian law for which you are still considered has husband/wife of your wife/husband (it is not known whether you are the husband or wife).So, you can not marry another time without availing decree of divorce from the appropriate Court in India.

2. Indianm court is not required to know about your said foreign decree of divorce which is not valid in India as such. Indian court is required to either validate the said decree of divorce passed by the foreign court (if it is filed and availed on grounds acceptable by indian law like mutual consent divorce) or grant the decree of divorce wither contested or mutual against application filed before it.

3. If the foreign decree of divorce is avaiuled based on application filed jointly seeking divorce on mutual consent, then you both shall have to file an application praying for validating the foreign decree of MCD. Otherwise, you both shall have to jointly file a MCD petition before the Indian Court which will be decided within 6 & 1/2 months fromthe date of its filing if both of you appear before the court on the day of the 2nd motion confirning that you both still want divorce.

4. If both the parties do not mutually consent for the divorce then , one of the couple shall have to file divorce suit in India which will be contested by the other side and after hearing both the parties, the Court will decide whether to dismiss the divorce suit or pass the decree of divorce as sought.

1. Since your divorce decree was granted as a contested divorce, your divorce decree will be considered as valid provided the reasons for divorce is accepted as recognised as per Indian laws.

2. No, not necessary.

3. Not necessary.

4. It cannot be predicted what he can do, but if he intends to do anything that way, it may not be maintainable because this divorce is a fact i.e., it is a contested divorce, hence he cannot contest the same here in India for any reason.

To file a petition under sec. 7 in the Fam. Court, you'll have to engage a local counsel who's in and out of Family.

It can take anything between 1-1.5 years depending upon whether or not your spouse chooses to turn up.

The Court will issue notice to your Spouse.

Your physical presence may also be required by the Court.

Fee will vary from lawyer to lwyer.

1. Sir a declaration suit has to be filed.in the family court to declare same.

2.it would take a month or two since it is mutual consent divorce.

3. Yes notice has to be served to her.

4. No your lawyer will do your physical presence is not required .

5. The advocate fee you choose.

You have to file petition before family court

2) it does not take more than 4 months or so

3) notice would be issued to your wife

4) it is better you remain personally present

5) legal fees vary depending upon lawyer engaged by you

the execution of a foreign decree takes time. the decree-holder must declare that he has not obtained the decree by fraud etc, the usual formalities. also, time for filing objections has to be granted by the court. and then it is executed.

regards

Not under sec 7 but sec 44 of cpc through advocate.

Hi sir,

In R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Majid AIR 1963 SC 1 this Court held that:

“a judgment of a foreign court to be conclusive between the parties must be a judgment pronounced by a court of competent jurisdiction and competence contemplated by Section 13 of the Code of Civil Procedure is in an international sense and not merely by the law of foreign State in which the court delivering judgment functions”.

In fact Section 44 of the Evidence Act gives to any party to a suit or proceeding the right to show that the judgment which is relevant under Section 41 “was delivered by a court not competent to deliver it, or was obtained by fraud or collusion”. It is therefore wrong to think that judg-ments in rem are inviolable. Fraud, in any case bearing on jurisdictional facts, vitiates all judicial acts whether in rem or in personam.

Section 7 of the Family Courts Act, 1984, the Family Court had no jurisdiction to decide a dispute as regards properties claimed by a divorced wife. The learned counsel would urge that the jurisdiction exercisable by any Family Court being between the parties to a marriage which would mean parties to a subsisting marriage. In support of the said contention strong reliance has been placed on a judgment of a Division Bench of the Allahabad High Court in Amjum Hasan Siddiqui v. Smt. Salma B. : AIR1992All322 and Ponnavolu Sasidar v. Sub-Registrar, Hayatnagar and Ors. : AIR1992AP198.

1. As per the 1st point to 5the point.... I suggest you both parties to go for mutual consent divorce in Indian court, and both parties required to attend the court, maximum it will take one month waiting period because as per the Supreme Court order 6 months period has been waived off and per the cost for total case would amount as per the charges of advocate and court fees etc.

For further details do call me

1. Thge instant decree is not based on mutual consent and only decree of divorce passed by the foreign court on application praying for decree orf divorce based on mutual consent ias acceptable by Indian law.

2.For getting the said foreign decree of divorcevalidated by In dian court, an pllication u/s13 of C.p.C. is to be filed before the appropriate District Court in India.

3. Both the parties shall have to file the said application for getting the foreign decree validated.

4. The cost should be with in Rs. 40 K to Rs.60 K.

The foreign divorce decree may not be validated invoking the provisions of section 7 of Family court act.

The matrimonial laws differ from country to country. The issue of divorce decree not being valid crops up when the domicile of the partied is in one country and one of them obtains matrimonial relief in a foreign country. It has become a very common this of late that people after marriage migrate to different country either to stay there permanently or for temporary stay.

in a case where a divorce decree is granted by a Foreign Court in a contested divorce the answer to the question of validity of the divorce decree varies.

A foreign judgment can be executed in two ways in India. The ways are as follows: First, by filing an execution under Section 44A of the Civil Procedure Code. Section 44A states that a decree passed by Courts in reciprocating territories can be executed in India as if the decree was passed by the Indian Courts only.

Secondly, by filing a suit upon the foreign judgment/decree. For instance, the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India. Here the decree passed by the foreign court shall be considered as another piece of evidence. Conclusion:

To conclude we can say that a decree passed by a Foreign Court has either to be executed under Section 44A or a fresh suit has to be filed for its enforcement. A foreign divorce decree is considered to be conclusive under Section 14 of the Civil Procedure Code if it passes the test under Section 13 of the said Code.

First of all you should ensure that the above conditions have been fulfilled and then you can revert with the subsequent questions which are matter of circumstances prevailing at that time.

1. A petition has to be filed in the family court

2. it will take 6-12 months

3. yes

4. yes

5. Will vary from lawyer to lawyer

Execution petition does not lie against a foreign decree of divorce. The moment the decree is passed it results in an instantaneous execution i.e dissolution of marriage. The utmost you may do is file a suit for declaration that the decree is in accordance with Indian law but this is neither required nor will be wise as it will open another round of litigation with an uncertain result.

1) You have to reapply in the Indian court and follow the new procedure accordingly for Mutual Consent Divorce.