The principle of amity and comity warrants that courts of different nations abide by the decision of respective countries.

This is however is not an inflexible formula and court may resile from this stand and take an independent view.

Indian court judgment is binding for  properties situated in India 

for properties situated in USA courts in India have no jurisdiction 

 Since USA and India have no reciprocal agreement, divorce and property settlement decree/order granted by Indian Court, may not be recognised by the USA Court and may still decide on property division independently.

1. In dispute of marriage and divorce, personal law of parties prevails. In your case the law of Hindus. A divorce  obtained from Indian Court under Hindu law is valid and will prevail.
2. Law of property is governed by local law, in your case U.S. law. Properties will be divided as per the law of State where they are located.

Insofar as the divorce granted by Indian court is concerned for the marriage solemnised in India as per Indian laws, the divorce will be very much valid across the globe.

The property settlement in India is a separate subject and not connected to the divorce proceedings in India.

If at all there is a settlement between the parties in respect of the properties and the same has  been incorporated in the divorce decree it shall be binding on the properties located in India.

It may not be recognised as legal settlement in USA for the properties located in that country if either of the party challenges the same in us court 

US. Court may not abide as ground of divorce are different in both countries 

- Yes, the divorce decree passed by the Indian Court is valid in US as well on account of comity of Nations.

- If the property is situated in India then the US Court will not interfere in the Decree passed by the Indian Court and if the Court has given its observation for it. 

Recognition of Indian Divorce & Property Settlement in the U.S.

1️⃣ Divorce Recognition

• The U.S. generally recognizes foreign divorces if:
  ✔ Both parties actively participated in the proceedings.
  ✔ Due process was followed under Indian law.
  ✔ The judgment does not violate U.S. public policy (e.g., lack of fair trial).
• Since both parties actively participated in the Indian case, the U.S. is likely to recognize the divorce.

2️⃣ Property Settlement & Alimony Recognition

• The U.S. does not automatically enforce foreign property settlements.
• A U.S. court can independently decide on property division and spousal support, especially if assets are located in the U.S. or one party files for a fresh determination.
• The Indian order may be considered but is not binding unless domesticated (recognized under U.S. law).

Next Steps

✔ If you want the Indian settlement enforced in the U.S., register the Indian judgment in a U.S. court.
✔ If your spouse challenges it, the U.S. court may review asset division afresh.

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.

Dear Sir/Madam,

It is suggested that the decree passed by foreign court can be accepted in India and the vice-versa. 

The recognition of an Indian divorce decree, including alimony and property settlement, by a U.S. court depends on several factors. Generally, U.S. courts recognize foreign divorce decrees under the principle of comity, provided that both parties had proper notice of the proceedings, actively participated, and the divorce was granted following due process without fraud or coercion. Since both spouses were involved in the Indian proceedings for 1.5 years, this strengthens the case for recognition in the U.S. However, while the divorce itself may be recognized, the enforcement of alimony and property division is not automatic.

U.S. courts may reassess property division and spousal support independently based on state laws, the fairness of the Indian court’s decision, and whether it aligns with U.S. public policy. If one party contests the Indian settlement in a U.S. court, the court may re-evaluate the division of marital assets and support based on local laws. Factors that could lead to a U.S. court deciding the matter afresh include state-specific property laws, jurisdiction over assets located in the U.S., and whether the alimony awarded in India is deemed inadequate. Additionally, if the U.S. court finds the Indian settlement unfair or inconsistent with American legal principles, it may modify or reject it.

In conclusion, while a U.S. court may recognize an Indian divorce decree, it is not bound to enforce the alimony or property division ordered by the Indian court. If neither party challenges the Indian ruling, a U.S. court is more likely to uphold it. However, if a dispute arises, the U.S. court can independently decide on property division and spousal support based on its own legal framework.