1. Yes, if the decree of divorce is granted on contest then the decree if valid and effective provided the ground of divorce is also valid in India. So all decree passed on contest may not be valid unless and until the grounds on which the USA court granted decree is also a permissible ground in India.

2. Whatever paper work you may have done the wife can always file case in India for maintenance unless and until she remarries and gainfully employed.

3. he can does on the ground I have mentioned in the first point.

4. Yes under the circumstances I first mentioned.

1) if wife has participated in divorce proceedings divorce decree would be valid in India

2) you can get the divorce decree apostled by Indian consulate

3) you are free to remarry in India under provisions of HMA

4) even if one of the parties seek to challenge the divorce decree courts in India would not intervene as the party has participated in divorce proceedings and court has pronounced judgment based on merits of the case

Hi

1) The Foreign Divorce Decree is valid if both the parties have consented to subject themselves to the jurisdiction of the Foreign courts.

2) Yes the person can remarry in india under HMA.

3) The foreign divorce decree can be ratified in india, if both the parties agree.

4) If one of the parties go to the indian court and challenges the foreign decree, the indian courts will recognize the foreign decree as both parties have willingly submitted to the jurisdiction of foreign courts.

5) Please refer to judgment of Supreme court in Mrs. Anoop Beniwal vs. Dr. Jagbir Singh Beniwal wherein the Supreme court has said that if the divorce was contested by both parties in overseas courts then the divorce decree granted by foreign courts is valid in india.

6) Foreign divorce decrees are over ruled only if it is an ex-parte decree or the decree has been obtained by Fraud and not otherwise.

Hope this information is useful.

1. No. The decree passed by the foreign court is not valid in India unless it is passed on grounds acceptable by Indian Law and in that case, the said foreign decree is required to be submitted before the local District Judge for getting it validated. So, till the said foreign decree is validated, the said two persons are still considered as man and wife for which non of them can remarry in India.

2. No-Fault divorce decree against petition jointly filed by both the husband and wife and attended by both of them during court hearings will be considered as similar to MCD as per Indian Law. The said decree can be got validated by Indian Court after filing an application for the said purpose.

3. Foreign decree passed will not be acceptable by Indian Court unless it has been passed based on grounds acceptable by India Law i.e. MCD in case of divorce. Otherwise there is no need to challenge the said decree since it is not enforceable in India being not valid.

4. Indian Court will not overrule foreign decree. It is otherwise invalid unless got validated by local District Judge as explained above. If the other side files a divorce suit in India then it will be heard by Indian court and order will be passed accordingly after hearing both the parties.

1. A foreign decree of dissolution of marriage is valid in India for all legal and practical reasons unless it is set aside by the competent court in India. It is practically impossible for an ex spouse to successfully impeach in India a foreign decree which was passed after his/her submission to the jurisdiction of the court which had passed the decree.

2. After the foreign decree the ex spouses are free to remarry in India.

3. If, however, the foreign decree has been passed on grounds which do not exist in India then even a participatory decree can be set aside by the courts in India.

1. If the marriage was dissolved as a result of the contested divorce suit in a foreign country, then that divorce decree is valid in India. The parties to the divorce can remarry on this basis.

2. The certified copies of the divorce decree and judgement are to be obtained including the copies of the post nuptial agreement if any. This will ensure protection to one party from the possible legal action by the other party.

3. If both the parties contested the divorce case and the court has dissolved the marriage on the basis of the contested divorce case, then it cannot be challenged in Indian court, an appeal may be preferred in the same country agaisnt the judgment by the aggrieved party and not in India.

4. You are repeating the same question in different forms, however the answer is the same that the same cannot be challenged in India, remedy lies only with the court or country where the original divorce was granted.