First of all, it should be checked how the boy got divorced in the US, whether it was by mutual consent or otherwise. The divorce order needs to be studied as to its conditions, if any. It has to be ensured that the boy has not married again. If the marriage is to take place now in India according to Hindu custom, it can be so performed and registered in accordance with the Hindu Marriage Act. Please comply with the procedure laid down by the jurisdictional Marriage Officer for registering the marriage by producing the documents required which are generally ID and address proofs, divorce decrees, marriage invitation, photograph of the couple, and the presence of  two witnesseses.

They can get married in India through special marriage Act

What is ground for divorce in USA 

no fault divorce obtained in USA is not valid in India 

your do or r decree will not be valid in India 

get divorced in india  then re marry 

The marriage requires registration either under Special Marriage Act or Hindu Marriage Act.

The prove of divorce , identity proof and residence proof are general documents required for registration. Else the Marriage Registrar would guide you properly. 

They both can get married under the provisions of special marriage act.

They have to comply with all the requirements including marital status certificate from his embassy or authorities of his country and comply with other procedures as prescribed in the provisions of law for solemnising marriage under special marriage act.

basic Id cards, matriculation marksheets, address proofs, contact below for rest 

Since you said both boy and girl are Hindus.

Since you said boy is US citizen who got married in India and divorced at US

Since you said that both wanted to get married in India 

Unless the divorce of boy is held valid in India, second marriage cannot be performed.

So please give details as to how and on what ground boy obtained divorce in US and whether such divorce obtained in US is valid as per Indian laws.

If boy's divorce is valid, then safest procedure for the second marriage is to get married under the provisions of special marriage act (normally we call it as register marriage).

They need to possess their earlier divorce decree and their respective Identity as well as address proof and witnesses.

You have quoted from the divorce application and not from the court order. Also it is not clear whether the case was contested or it was an ex parte order. Please provide complete details for a proper advice.

Irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act, 1955. However, the reasons provided—"insensitive and unresponsive," "feeling isolated," and "unwanted and unloved"—can be interpreted as mental cruelty. Mental cruelty is a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act.

2) To legally solemnize a second marriage in India, it is highly advisable to have the foreign divorce decree recognized by an Indian Court.

The divorce granted by USA court on the grounds or irretrievable breakdown is not recognized as legally valid divorce for the marriage solemnized under Hindu marriage act in India.

Foreign divorce decrees are not automatically recognized in India and must satisfy the conditions under Section 13 of the Code of Civil Procedure (CPC), 1908. For recognition, the decree must be from a competent court, granted on merits, comply with principles of natural justice (both parties heard), not be fraudulent, and match grounds permitted under Indian law. It is recognized if it was decided on merits, with proper notice and participation of both parties.

If the marriage was solemnized under Indian personal laws (e.g., Hindu Marriage Act), the foreign decree should generally align with those statutory laws to be easily accepted. The divorce must have been granted on grounds recognized under Indian Law, such as mutual consent, cruelty, or desertion.

If the other party denies the divorce, a declaratory suit can be filed in an Indian family court to declare the foreign decree as valid.  If the decree was granted in a non-reciprocating territory or fails to meet Section 13 standards, a fresh suit for divorce might be necessary in India. 

The Supreme Court has clarified that a foreign court is considered "competent" only if it aligns with the matrimonial law under which the parties married. 

A foreign decree may be recognized if the respondent (in this case, the boy) is habitually and permanently resident in that foreign country at the time the action is filed. Since he was born and brought up in the US, this strongly supports the US court's jurisdictional competence.

Even if residence is established, a US divorce decree may be declared invalid in India, because the United States is a non-reciprocating territory for India, its court decrees cannot be directly executed. To ensure the divorce is legally binding for future purposes in India (like remarriage or property inheritance), the boy should file a declaratory suit in a competent Indian District Court to have the US decree declared valid and binding under Section 13 of the CPC.  This suit should typically be filed within three years from the date of the US decree.

First, regarding the US divorce of the boy. Under Code of Civil Procedure, 1908 (Section 13), a foreign divorce is recognised in India only if it satisfies certain conditions. The most important principle laid down by the Supreme Court is that the divorce must be on a ground recognised under Indian matrimonial law and must not violate principles of natural justice.
In your case, the ground mentioned is “irretrievable breakdown/unreasonable behaviour.” Indian law (under the Hindu Marriage Act) does not formally recognise “irretrievable breakdown” as a standard ground (except in rare Supreme Court cases). However, “cruelty” is a recognised ground, and “unreasonable behaviour” can sometimes fall within cruelty depending on facts.
Since the divorce was obtained in the US where both parties were residing and the wife participated in the proceedings, there is a reasonable likelihood that it may be treated as valid in India. However, there is still a legal risk because Indian courts scrutinise foreign divorces strictly.
Before remarriage in India, it is advisable to either:
Obtain a declaration of validity of the foreign divorce from an Indian Family Court, or
Ensure strong documentation showing both parties submitted to US jurisdiction and contested/consented.
Without this, there is a risk (though not automatic) of the marriage being challenged later.
Second, regarding marriage in India. Since both are Hindus, the marriage can be done under the Hindu Marriage Act, 1955.
Documents required – Boy (US citizen):
Valid Passport (mandatory)
Valid visa / entry proof in India
Divorce decree (certified copy)
Proof that divorce is final (no appeal pending)
Passport-size photographs
Address proof (US or temporary Indian stay)
Affidavit of marital status (single/divorced)
Documents required – Girl (Indian citizen):
Aadhaar / ID proof
Address proof
Divorce decree (Indian court)
Passport-size photographs
Affidavit of marital status
Additional requirements:
Age proof (21 for male, 18 for female)
Both must be unmarried/divorced legally at time of marriage
No prohibited relationship under Hindu law

Dear client

In order for a Hindu marriage between a United States citizen male and a divorcée Indian female to take place in India, it must comply with the Hindu Marriage Act of 1955 or the Special Marriage Act of 1954. After the wedding occurs either in a temple and is registered after the ceremony or is registered directly with a Marriage Official.

For the purpose of having an official marriage in India, the male must provide documentation, including his passport, visa, residency proof, and a declaration of an official and final divorce in the United States (e.g. Divorce Decree). The Marriage Official, may require proof that the divorce was made according to US law (e.g. a certified or apostilled copy of the Divorce Decree) and therefore, there is no objection to his remarriage (a No Objection Certificate from the US Embassy).

The female must provide documentation regarding her identity, including, but not limited to: an Aadhaar Number or Passport Number; proof of residency; passport size pictures in her name; and proof of divorce through a Divorce Decree from an Indian court indicating that her divorce was legally processed in India.

Additionally, both males and females must be of legal age to marry (male age of 21, female age of 18), and both must provide written notice of their intent to marry at least 30 days in advance of registering their marriage, as well as 2 or 3 witnesses when registering.

If you have any query please feel free to contact us

Your query involves two key aspects:
(1) whether the US divorce is valid/recognised in India, and
(2) documents and procedure for remarriage in India.

I will address both clearly.

1. Validity of US divorce in India (very critical issue)

Under Indian law, a foreign divorce decree is tested under Section 13 of the Code of Civil Procedure, 1908.

A foreign divorce is recognised in India only if:

• it is passed by a court of competent jurisdiction, and
• it is based on grounds recognised under Indian matrimonial law, and
• the proceedings are not opposed to natural justice.

For Hindus, divorce must align with grounds under the Hindu Marriage Act, 1955.

Now applying this to your facts:

• The ground used in the US appears to be “irretrievable breakdown” / unreasonable behaviour.
• “Irretrievable breakdown” is NOT a statutory ground under the Hindu Marriage Act (except when granted by the Supreme Court in rare cases).
• “Unreasonable behaviour” may or may not align with “cruelty” under Indian law — it depends on facts and how the decree is worded.

Important Supreme Court principle:

In Y. Narasimha Rao v. Y. Venkata Lakshmi, it was held:

A foreign divorce is valid in India only if:

• it is granted on a ground available under Indian law, or
• both parties voluntarily and effectively submitted to the jurisdiction, and
• the decision is on merits (not ex parte or technical).

Therefore:

• If the US divorce was contested and both parties participated, and
• the conduct described amounts to “cruelty” in substance,

then it may be recognised.

However:

• If it was ex parte, or
• based purely on irretrievable breakdown,

then it may not be recognised in India, creating risk of the second marriage being challenged as void/bigamous.

Practical advice (very important):

Before remarriage in India, the boy should ideally obtain:

• either a declaratory decree from an Indian Family Court recognising the foreign divorce, or
• ensure the decree clearly reflects grounds equivalent to cruelty and mutual participation.

This step avoids serious future litigation.

2. Mode of marriage in India

You have two options:

(A) Marriage under the Hindu Marriage Act, 1955

Requirements:

• Both parties must be Hindu.
• Valid divorce must be established.
• Marriage can be solemnised through customary rites (no mandatory registration before marriage).

Documents typically required for registration:

For the boy (US citizen):

• Passport (mandatory)
• Valid visa
• Divorce decree (US) – apostilled/legalised
• Proof of date of birth
• Passport-size photographs
• Affidavit of marital status (single/divorced)

For the girl:

• Aadhaar/passport
• Address proof
• Divorce decree (Indian court)
• Photographs

(B) Marriage under the Special Marriage Act, 1954 (safer in such cases)

This is often preferable for NRI/foreign divorce situations.

Requirements:

• 30-day notice before Marriage Officer
• Both parties must be physically present
• No objection during notice period

Additional documents for foreign national:

• Passport + visa
• Divorce decree (apostilled)
• “No Impediment Certificate” / affidavit from embassy (sometimes required depending on state practice)
• Proof of stay in India (usually 30 days residence in district)

Why Special Marriage Act is safer here:

• Authorities scrutinise documents beforehand
• Reduces risk of future challenge
• Creates stronger official record

3. Key risk to be careful about

If the US divorce is later held invalid in India:

• the second marriage can be treated as void, and
• exposure to bigamy allegations may arise.

Hence, validation of foreign divorce is the most critical step.

4. Practical recommendation

Given your facts:

• First, get the US divorce decree legally vetted in India.
• If any doubt exists, file a declaratory petition in India.
• Prefer marriage under the Special Marriage Act for procedural robustness.

Summary

The Indian woman’s divorce is valid without issue. The US divorce of the boy can be recognised in India only if it satisfies the conditions under Indian law, especially as laid down in Y. Narasimha Rao. Since the ground mentioned (irretrievable breakdown/unreasonable behaviour) may not strictly align with Indian law, it is advisable to obtain legal validation in India before remarriage. For the marriage itself, proceeding under the Special Marriage Act with proper documentation is the safest course.

Yes they can get married under SMA 

Minimum Documents and Requirements for Both Parties

For the US citizen boy, essential documents include his US passport, visa, proof of US residence, his Indian divorce decree (apostilled if obtained in India), and proof of US divorce such as the Final Judgment of Dissolution of Marriage apostilled by the US state of issuance. For the Indian girl, required documents are her Indian passport, divorce decree from Indian court, and address proof. Both parties need photographs, witnesses, and must appear before the marriage registrar. The foreign divorce decree must be apostilled for recognition in India. Additionally, the boy may need to provide a certificate of no impediment or an affidavit confirming his current marital status.

Recognition of US Divorce Grounds Under Indian Law

The US divorce granted on "irretrievable breakdown of marriage" or "unreasonable behavior" grounds faces significant recognition issues in India. Indian courts have consistently held that under the Hindu Marriage Act, 1955, divorce grounds are limited to cruelty, adultery, desertion, and mutual consent. "Irretrievable breakdown" is not a statutory ground in India, and foreign decrees based on this ground are generally not recognized. The Supreme Court in Y. Narasimha Rao v. Venkata Lakshmi established that for recognition, the foreign court's ground must align with Indian matrimonial law. Since "unreasonable behavior" may constitute cruelty under Indian law if properly established, the specific grounds would need judicial determination.

Validity of US Divorce Proceedings

Since the wife claimed habitual residence and initiated proceedings in the US, and both parties participated, the decree may be recognized if it meets Section 13 CPC conditions. Key requirements include: both parties voluntarily submitted to US court jurisdiction; the divorce was contested or mutually consented to; and the grounds align with Indian law. However, the wife's objection to jurisdiction could weaken recognition. The Kerala High Court recently affirmed that foreign decrees with mutual consent and voluntary submission are valid. For your situation, obtaining a declaratory judgment from an Indian family court under Section 13 CPC is advisable to ensure formal recognition before remarriage.