Mutual consent, divorce obtained abroad is valid in India

2) it is not necessary to get the foreign mutual consent divorce decree  validated byIndian courts

3) Divorce decree should mention the divorce has been granted by mutual consent of the parties

Yes it’s accepted. Validation necessary. It’s better you take mutual divorce in India itself so that you don’t have to validate 

1. Yes it is accepted if the grounds on which it is granted on a foreign soil is valid in India. Since the grounds of divorce in USA is not valid , it is not accepted in India, more so, if one of you later disputes it.

2.  Yes but it would be difficult if the grounds are valid grounds under Indian law.

3 & 4 . Get it done in India only 

1. Divorce decree obtained from USA will not be recognised in India, as USA is not one of the Reciprocating Countries recognised by the Indian Government.

2.  However, a mutual consent decree, obtained from USA based on the grounds available under the Hindu Marriage Act will be recognised.

3.  After obtaining decree from USA, it has to be validated later in the jurisdictional and competent Court.

4.   If the divorce decree is obtained based on the grounds available under the Hindu Marriage Act, then it will be recognised in India.

5.   It's advisable for you to obtain divorce decree from the jurisdictional Indian Court.

1 & 2. Get the decree validated in india.

3. Not clear

4. Initiate steps to validate the decree in india.

G.Rajaganapathy

Advocate

High Court of Madras

1. U.S. being not a reciprocating country for execution of decree in terms of Section 44A, decree of MCD from U.S. Court is not accepted by Indian Courts.
2. You need to file a fresh suit relying on U.S. Decree, it has only evidentiary value.
3. On the basis of U.S. decree if suit is filed and decree is passed only than it will be recognized.
4. File a fresh suit on the basis of U.S. decree.

1. 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.

- Yes, it is accepted and valid in India 

2. Not mandatory , but you can validate this foreign decree of divorce under Section 7 of the Family Court in India. 

3. Reply No.1

4. There must be a joint petition filed in US court on the mutual consent ground 

If it is a divorce by mutual consent, the decree passed by a competent court in the USA is recognised in Indian Law. There is no need to validate it in any Indian court unless there are some assets in India which need to be realised under the decree. In such a case, an Execution Petition needs to be filed in India at the appropriate court, in consultation with a competent advocate. Otherwise, no further steps are necessary.

Dear Client,

A foreign divorce decree can be accepted in Indian courts under Section 13 of the Code of Civil Procedure, 1908, provided it is passed by a competent court, based on grounds recognized under Indian law, and not obtained fraudulently or in contravention of natural justice. However, even though it may not always be required if the decree is uncontested, filing a petition for recognition before an Indian court would be a good step to avoid any possible future disputes. Both parties should be represented during the U.S. proceedings, and all steps taken should have resultant documentation,in compliance with the laws of the land. Grounds like mutual consent are acceptable; however, the non-acceptance of such grounds under Indian law may lead to complications while seeking enforceability. It is imperative to approach a lawyer in India for guidance proper to oneself and to take necessary actions on any implications concerning property or custody.

1. If the divorce is on mutual consent then it will be considered as valid in India.

2. In case you apprehend any problem in this regard in India then you can file a suit for declaration to declare the foreign divorce as valid.

3. There's no ground required to be stated if it's mutual consent divorce.

Here are concise answers to your questions regarding divorce and its recognition in India:

1. Is a foreign decree accepted in Indian courts?

   • Yes, a foreign decree can be accepted in Indian courts, but it must meet the requirements set by Indian law, such as being a mutual consent divorce or being granted based on principles of natural justice.

2. Do I need to get the foreign decree validated later in Indian court?

   • Yes, after obtaining the divorce decree in the U.S., you will need to file a petition in an Indian court for recognition and enforcement of the foreign decree.

3. On what grounds should the decree state so it's recognizable in Indian courts?

   • The decree should state that the divorce was granted based on mutual consent or be in compliance with natural justice principles, such as providing both parties an opportunity to be heard. It should not contravene Indian public policy.

4. Do I need to take any other steps?

   • Yes, you may need to file an application under Section 13 of the Civil Procedure Code (CPC) for the recognition of the foreign divorce decree, followed by a declaration from an Indian court.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. If the foreign decree of Divorce has been obtained strictly following the provisions laid down in Indian Act, the it will be considered as valid as per Indian law. However, it will be prudent on your part to get the said foreign decree validated by the appropriate Indian Court.

2. Yes, you should get it validated by an Indian Court.

3. No match and wide and irreconcilable difference in nature, taste etc.

4. You can skip taking foreign decree and file a Mutual Consent Divorce application in India through both of your lawyers and in that case you shall have to appear before the Court only after 6 months i,e, after completing the cooling period to  confirm that you still want divorce.

1. Yes, in case both of you are participating and consenting to the jurisdiction of the Court in US. 

2. No, if the first condition is met.

3. Obtain a no fault in divorce.

Hello,

It’s good that you're researching thoroughly before filing for mutual consent divorce in the US. Here are answers to your questions about foreign decrees and their recognition in Indian courts:

1. Is a foreign decree accepted in Indian courts?

Yes, a foreign decree can be accepted in Indian courts. However, it will need to be recognized under Indian law to be enforced. Indian courts generally acknowledge foreign divorce decrees, but they do not automatically accept them as valid. For it to be enforceable, the decree must meet certain conditions laid down in Indian law.

2. Do I need to get the foreign decree validated later in Indian court?

Yes, you will need to get the foreign decree validated in India. This is done through a process called "Recognition and Enforcement" of foreign judgments. Under Section 13 of the Civil Procedure Code (CPC), a foreign judgment can be recognized in India unless it falls under specific exceptions. You will need to file an application for recognition of foreign judgment in an Indian court. The court will then examine whether it satisfies the requirements for recognition.

3. On what grounds should the decree state so it's recognizable in Indian courts?

For the foreign decree to be recognized by an Indian court, it must meet the following criteria:

• The decree must not be in conflict with Indian public policy.
• The foreign court should have had jurisdiction over the matter. For example, the parties should have had a substantial connection to the country where the divorce decree was passed (e.g., citizenship, residence).
• The divorce must have been granted following the laws of the foreign country in a way that would be valid under Indian law.
• The procedure of natural justice should have been followed in the foreign jurisdiction (i.e., both parties should have had a chance to be heard).

If the foreign court grants the divorce based on the laws of the country where it is filed (and it doesn't violate Indian principles), the decree should be recognizable in India.

4. Do I need to take any other steps?

• 
  File an application in India: Once you obtain the divorce decree in the US, you will need to file an application for recognition in an Indian Family Court or District Court under Section 13 of the Civil Procedure Code (CPC) of 1908.
• 
  Documents: You must present the original foreign decree or a certified copy along with a translation (if in a foreign language) and proof of the foreign court’s jurisdiction.
• 
  Public Policy Considerations: The court will assess whether the foreign divorce decree violates Indian public policy. If it does not, the court will recognize the decree and grant the final legal dissolution of marriage in India.

Key Considerations:

• The Indian court will not review the merits of the divorce itself but will focus on ensuring that the foreign decree is not contrary to Indian laws and public policy.
• If the foreign divorce decree is granted based on mutual consent, there should not be any major obstacles in the Indian court recognizing it.
• 
  Execution of Decree: If one party fails to comply with the terms of the decree (such as alimony or division of property), the decree may need to be enforced in India through appropriate legal channels.

In conclusion, once the divorce is finalized in the US, you must file for its recognition in India, where the court will assess its compliance with Indian law. After recognition, your divorce will be legally valid in India as well.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

1. Foreign decree passed on a ground tenable under Indian law is recognised by the Indian courts.

2. There is no requirement to seek validation in India of a foreign decree passed by a competent court in US.