Since you did not participate in divorce proceedings divorce decree is not valid in India

2) file petition in family court for declaration that marriage is valid and subsisting

3) seek court orders to set aside foreign divorce decree on grounds that irrevetiable breakdown of marriage is not ground for divorce under HMA

4) you need copy of divorce decree passed by foreign court

5) you have to apply for certified copy of divorce decree from court that passed divorce decree

This ex-parte US divorce decree is not valid in India.

File a restitution case in India. Also, file a declaratory suit, seeking a declaration that this exparte foreign divorce decree is bad. This will be filed under sec7 Family Courts Act. Declaratory suit will be filed in family Court.

Your lawyer will incorporate all the legal points which are necessary to be included in this declaratory suit.

Pull out a copy of the foreign divorce decree.

hello

ma'am if you were married in India then your husband can only divorce you as per the provisions of the HMA. you don't have to challenge the decree. the decree is not enforceable against you if have not submitted to the jurisdiction of the US court of law. you should file for maintenance in the district where you are currently residing and if you want a divorce then file a petition for the same. the ex-parte decree is null and void and does not bind you or your husband.

regards

The matrimonial laws differ from country to country. The issue of divorce decree not being valid crops up when the domicile of the partied is in one country and one of them obtains matrimonial relief in a foreign country. It has become a very common this of late that people after marriage migrate to different country either to stay there permanently or for temporary stay.

Analysis of divorce decree granted by Foreign Courts:

Divorce decree granted by Foreign Courts can be divided into two categories:

1.Mutual consent divorce grated by Foreign Courts.

2. Decree granted in Contested Divorce.

In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid in India and Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Act.

However, in a case where a divorce decree is granted by a Foreign Court in a contested divorce the answer to the question of validity of the divorce decree varies.

The cases in which the foreign divorce decree would not be considered conclusive:

First, when an ex-parte decree is passed by a Foreign Court, it would not be valid and conclusive in India. A decree would be considered ex-parte if summons are not served on the opposite party.  However, if such decree was deliberately left to go ex-parte i.e. no summons are served on the opposite party then the Indian Courts would not allow this fraud.Secondly, divorce obtained on grounds other than the grounds enumerated under the Hindu Marriage Act if the parties were married under Hindu Law, as a divorce matter is governed by the law under which one gets married and not the law of the land where the party is residing.

A Foreign divorce decree shall be considered to be valid and conclusive in the following case:

It is a general rule that if one of the partners contests divorce filed in Foreign Land it would be said that he/she consented to the jurisdiction of that Court, in such a case the decree would be considered to be a conclusive one.Where the wife consents to the grant of the relief by the foreign Court although the jurisdiction of the foreign Court is not in accordance with the provisions of the Matrimonial Law of the parties, to be valid and the judgment of such foreign Court to be conclusive.

Execution of a foreign divorce decree:

A foreign judgment can be executed in two ways in India. The ways are as follows:

First, by filing an execution under Section 44A of the Civil Procedure Code. Section  44A states that a decree passed by Courts in reciprocating territories can be executed in India as if the decree was passed by the Indian Courts only.Secondly, by filing a suit upon the foreign judgment/decree. For instance, the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India. Here the decree passed by the foreign court shall be considered as another piece of evidence.   

                                                                    Conclusion

To conclude we can say that a decree passed by a Foreign Court has either to be executed under Section 44A or a fresh suit has to be filed for its enforcement. A foreign divorce decree is considered to be conclusive under Section 14 of the Civil Procedure Code if it passes the test under Section 13 of the said Code.

1. There is no need to challenge the decree as the same is not enforceable in India and in any event you can seek all the legal recourse which are available to you as if you are still married.

2. So you are entitled to file maintenance case under PWDV Act along with case under section 498A ipc.

3. The declaratory suit is not required if you at all wish to file then it would be under section 34 of the Specific Relief Act.

4. 3 years.

5. No certified cop is required to file declaratory suit.

6. There is no need to get such copy.

I repeat that you can explore all the legal recourse from your husband in India like a lawfully married wife. Such decree if passed ex parte is not binding in Indian court.

Hi, the ex-parte divorce in a foreign country is not valid in India .. It is advisable to file a application in the family court Jaipur

1. If you did not receive summons from the US court then you may file a petition before the competent Family Court in India to seek a declaration that the decree of the US court is fraudulently obtained and hence not binding on you.

2. It has to be filed under Section 13 HMA.

3. The limitation period to challenge it is 90 days.

4. To assail the decree of US court in a court in India you will have to annex the certified copy of US decree. Mere website status will not suffice.

5. Consult a lawyer in US to obtain the certified copy.

The divorce decree from any foreign country should be ratified in India by filing a divorce petition along with the maintenance and other related petitions just petition is heard on the Indian legal system bases and this opposite parties will be summoned to appear before the court.

Initially you have to file section 9 of Hindu Marriage Act for restoration of conjugal rights and under section 125 CrPC for the maintenance

Dear Client,

This decree is not bound on you as "irretrievable breakdown" ground for diovrce in alien to Indian Law system and only Supreme Court vide article 142 can dissolve marriage on this ground.

You can file application in family court for RCR u/s 9 of Hindu Marriage Act, If your husband will take a defense of divorce by foreign court, same shall be declared in valid and can not be enforced in India.

And ex parte foreign decree violates provisions of sec 13 of CPC, so even if you do not challenge the order, no repercussion, All reliefs available to married women can be sought by you through court.

Copy of order will be required or you can give detail of case and submit in petition that no copy provided to u by husband, court will summon it from husband, if required.

1. The exparte divorce obtained in US is not valid in India, hence you need not challenge it in India. If at all he wants to validate it, he may have to file a fresh petition before an Indian court, i.e., he may have to file fresh divorce petition. Hence you need not be worried or bothered about his exparte divorce because as per Indian laws, you both are still husband and wife and your marriage is still legally valid.

2, 3 4, 5, 6 For all these questions, read the above answer.

.