• Register a foreign divorce in India

I got a divorce in California, USA. My ex-wife was served correctly. The court also found her to have done domestic violence and also included a punishment for domestic violence (spouse battering) along with the divorce ~ she was earlier arrested by the police here too. The court has finished the divorce in US and included she did physical abuse on the husband. Ofcourse, knowing that the laws in India are biased, she ran back to India and didn't join proceedings. Besides, both of us had already applied for permanent residence in US before I filed for the divorce.

Can I register the divorce in India, since it passes both the tests in Crpc 13:
a. Jurisdiction: Both of us were residents in US for a long time, and already applied for permanent residence.
b. Laws in India: The order clearly makes out the ground of physical/mentality cruelty, infact borders close to criminality.
Asked 6 months ago in Family Law from United States
Religion: Hindu
1. There is no procedure called registration of divorce in India. You have to file a fresh case here which would start from the beginning. 
2. Since your wife did not participate in US court proceeding the decree passed therein is not binding on her.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
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1) you have to file petition in family court in india for declaration that marriage is dissolved as per divorce decree granted in USA 

2) you have been granted divorce on grounds of mental cruelty  which is valid under provisions of HMA 

3) your wife  may  challenge divorce decree in india as she did not participate in divorce proceedings in USA 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
In India there is No law support to register the divorce .If you need a divorce you have to file divorce petition under Indian matrimonial laws. As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.


A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in India.
So these six conditions are fulfilled by such foreign judgment/decree of divorce then it will be valid for dissolving such Indian marriage as has been held by the Supreme Court of India in several of its judgments.

If his wife has accepted the authority of US court, it cannot be open to her to later question the authority of the US court.

The jurisdiction assumed by the foreign court as well as the ground on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may Le as follows: 
(i)	where the matrimonial action is filed in the forum where the respondent is domiciled  habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; 
(ii)	 where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; 
(iii)	 where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties



Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognised and valid in India.2.	Even contested divorce on the grounds of Cruelty /Adultery / Desertion / Impotency (are grounds that Indian Law recognises, so if) the divorce is granted on these grounds – The decree is valid in India. Please note that in such a case it need not be validated in India by filing a suit or anything.  It is the burden of person challenging the decree to discredit it.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi, According to laws prevailing in India, if the wife is not participate in the proceedings in US Court then the divorce obtained in US court is not binding in India.

2. It is valid only when both the parties are participate in the proceedings then the divorce obtained in US court also valid in India.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Can I register the divorce in India, since it passes both the tests in Crpc 13:
a. Jurisdiction: Both of us were residents in US for a long time, and already applied for permanent residence.
b. Laws in India: The order clearly makes out the ground of physical/mentality cruelty, infact borders close to criminality.

You cannot register the US divorce in India, there is no provision for that.  The question is not about the law involving the grant of divorce but it is about the divorce procedure to be followed in India.  If the divorce granted in US was an exparte divorce, then this divorce in US is not valid in India, you may have to apply afresh a divorce case in India, prosecute her on the basis of the grounds and facts you rely upon including the evidences in your possession which includes the divorce proceedings in US, her jail term in US etc. 
Since you are going to remain in US as a citizen and not intend to return to India, the US divorce itself may be sufficient for you, think about the pros and cons and then decide about the next course of action in this regard.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1. The laws in India are biased is a statement that stems out of ignorance of substantive and procedural law. Be that as it may, there is no provision of law in India that provides for registration of a foreign decree in India. The maximum you may do is to seek declaration of validity from the courts in India so as to have a document that would vouchsafe that the decree has been passed in consonance with the Indian law.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1)petition has to be filed in India only under provisions of Family court act that marriage is dissolved as per divorce decree granted in USA

2) in any case even if you dont file any proceedings in India your divorce decree would be valid in India as it has been granted on grounds of mental cruelty which is valid ground under provisions of HMA 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
You cannot seek a declaration of a declaration from a court within whose jurisdiction the declaration was made. As I said previously, you may file a petition for validation of decree in India. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
The marriage ceased to subsist the moment the judge signed the decree.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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If you are living in India and use the privileges as a citizen of India ,you must follow the Indian law .Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law. When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
There is no such thing called validity of divorce in India if it was obtained in any other foreign country.
Whatever you may speak cannot become law.  Your anguish can be understood but law will not bend to your sentimental feelings.  
Different countries have different laws of their lands.
You cannot compare US laws to India and question or challenge Indian laws that why that cannot be done her when it can be done there.
The situation and circumstances in that country including the atmosphere is different to that of the Indian conditions.
If the divorce granted in US is after her participation then that divorce can be  termed as contested divorce and it is very much valid in India, you need not get it declared by an Indian law once again.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
you should file a civil suit in India for execution of foreign decree. it is mandatory to giving effect of divorce decree passed by the foreign court. 

restraining order will not applicable in India because this type of remedy is not available in Indian law so court cannot pass such type of order in India. If such order is passed by foreign court it shall not be enforceable in India because it is infructuous. 
 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
either you can file such civil suit in India by personally appearance in the court or you can appoint a authorized agent and file it through agent. your statement will be recorded by the court in whose jurisdiction you are living yet in USA. section 77 & 78 cpc provide such power to the court. you can record your statement through video conferencing this facility is available in some selected Indian court.  
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
if you both are agree to execute this decree in India you can admit this fact at the first hearing of the suit. this statement is enough for passing execution decree in India. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0

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