If it is a divorce by mutual consent ordered by a competent court in the US, it is recognised under Indian law. Nothing further needs to be done in India. Remarriage can take place once the divorce conditions as laid down in the US court order are complied with.

Your re marriage would be legal in USA 

however in India you continue to be married and not divorced if divorce is granted on grounds not recognised by HMA 

The key issue is whether the US divorce would be recognized by Indian courts. Under Indian law, a foreign divorce is valid only if it satisfies certain conditions, primarily that the foreign court had proper jurisdiction, generally where both parties resided or voluntarily submitted to jurisdiction, and that the divorce was granted on grounds recognized under Indian law. It is also important that the proceedings were contested or based on proper consent, and not ex parte without participation of the other spouse.

If your US divorce was by mutual consent, or both parties participated and accepted the jurisdiction, it is generally more likely to be recognized in India.

However, if the divorce was ex parte, or based on grounds not recognized under Indian law, or obtained without proper notice to the other party, then it may be considered invalid in India.

The consequence of this is significant. Even if you remarry in the USA and it is valid there, if the divorce is not recognized in India, you may still be considered legally married in India. This can expose you to allegations of bigamy if you come to India, as well as civil disputes relating to marital status, property, or succession.

Therefore, before remarrying, the safest course is to ensure that the US divorce is legally sustainable in India. This is typically done either by filing a declaratory proceeding in India to recognize the foreign divorce or by obtaining a mutual consent divorce decree in India, if feasible.

In summary, there may not be an issue in the USA, but there can be serious legal consequences in India if the divorce is not recognized. It is advisable to regularize the position in India before proceeding with remarriage.

Dear Client,

A foreign divorce is not automatically treated as valid in India. Under Section 13 of the CPC, a foreign judgment is conclusive only unless it falls within the listed exceptions. In matrimonial matters, the foreign court’s jurisdiction and the ground for divorce must accord with the law governing the marriage, subject to limited exceptions where the respondent effectively submits or consents. If the US decree does not satisfy Section 13 test, India may still regard the first marriage as subsisting and a second marriage while a spouse is living can expose the person to bigamy under Section 82 of the Bharatiya Nyaya Sanhita. 

In case this remarriage is with the same person, no issue of bigamy shall arise under the BNS as it applies only when a person marries another person while a valid marriage is subsisting. If you are marrying the same spouse again, you are not creating a second conflicting marriage. India may still consider you continuously married so, the remarriage has no independent legal effect in India. I hope this helps. If you have any further queries, please feel free to reach out to us. 

Thank You. 

If the US divorce is from a competent court and both parties participated, it is generally valid in India also. However, if it was ex-parte or not on grounds recognised in India, it may not be valid here. Remarriage in the USA is usually fine, but in India it could be challenged as bigamy if the divorce is not recognised.