USA divorce decree would be valid in India
2) since marriage is solemnised in USA both are US citizens your nephew canrenarry after obtaining divorce
3) not necessary to get divorce decree validated by Indian courts
Validating a divorce in the USA
My nephew is a USA citizen but of Indian origin. He got married to a USA citizen in the USA. When the couple came to India, the marriage was registered in Bangalore also in the Registrars office. The couple divorced in the USA. The court gave a decree of divorce by mutual consent. My nephew paid all the dues as ordered by the court. He intends to marry again to an USA citizen. Is there a need for him to obtain a divorce in India before marrying or making the decree of divorce of the USA Court valid in India?
Asked 6 years ago in Family Law
Religion: Hindu
18 Answers
if there is a need to file for divorce in India what is the time period before which it is to be done and how long will the procedure take
Asked 6 years ago
You can file petition for declaration that marriage is dissolved by US divorce decree
It should not take more than 3 months
I wish to inform you that foreign divorce will be recognized in India if it does not violate Section 13 of Civil Procedure Code. In this regard you can take divorce in USA and have court order in India after divorce that provision of Section 13 are not affected or alternatively you can take divorce in India. If your divorce violates Section 13 of Civil procedure Code then your divorce will be void and you may not re-marry in India....
Yes there is a need of submitting all the documents in banglore court of divorce case which was done in usa
After submitting them into the banglore court there would be a confirmation from the court and after that, according to law u can proceed to second marriage........
No if the marriage was done in US with US citizen and further divorce is taken by mutual consent then there is no need to file for validating divorce in India. As the applicable.law is of US only.
Further under what law the marriage was registered in.India??
There is no need to file divorce in India.
Hello,
Technically, US decree is not valid in India as USA is not a reciprocating country as per Indian laws. However, US decree can be enforced in India by instituting a case in India and Indian courts does regard a US judgement especially if it is a mutual divorce.
Anyways, if your cousin wants to marry in USA again he can do so as he has a divorce decree under US laws and that what governs has he his residing there.
Thanks
Avish
Ph
No need to file divorce in india as she is USA citizen and your nephew already got decree there and same will apply on both. So as being USA citizen she have to abide there rule and regulations first and court order of USA prevails first upon her. On account of your nephew, he is separated now , so U/S 494 not applicable upon him as a burden of proof goes upon complainant, so be relax... No issue will harass you, you have enough document for your side.
1. Since the divorce was mutual there is every possibility that either of the spouses will not dispute it in future.
2. if that is and both of them remarry in due course of time then there is no need of validation either.
3. if there is any scope for its challenge in India then a suit for declaration can be filed in local court which takes though lot of time unless decreed in consent.
Since this is a mutual consent divorce, having been passed after the participation of both the husband and the wife, no need to get this additionally validated in India.
Unless, this second marriage was being performed in India and with an Indian citizen, there's isn't a need to get this validated in India
There is no need for him to file a divorce in India separately, since the same has been obtained by mutual consent.
He may go ahead and do a second marriage in USA
1) If divorce has happened in USA in mutual consent than it is valid in India as well. No need to apply for divorce in India separately.
Is the divorce decree allowed in US is based on the mutual consent the same may be filed here for rectification of the decree. this will not take much more time maybe as soon as the case is admitted in the court by next 2 to 3 hearing it may be decided because there will be no contest from opposite party
Dear Sir,
The USA decree is also valid in India in the given background. However since it was registered also in India as such he has to get it cancelled in the Concerned Sub-Registrar office and if the said authority do not recognize USA decree then he must seek a divorce from Family Court of India which will be easily available on the basis of USA decree.
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VALIDITY DIVORCE GIVEN BY FOREIGN COURT
NOT VALID AS HINDU LAW IS NOT IN EXISTENCE IN FOREIGN LAW……EXCEPTIONS
The key rule laid by the Supreme Court can be summed up as follows: If a couple is married under Hindu law, (a) the foreign court that grants divorce must be acceptable under Hindu law; and (b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law. The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce. The exceptions that Supreme Court has permitted to the above rule laid by it are as follows in a case where husband has filed for divorce in a foreign land: A) The wife must be domiciled and permanently resident of that foreign land AND the foreign court should decide the case based on Hindu Marriage Act. B) The wife voluntarily and effectively attends the court proceedings and contests the claim on grounds of divorce as permitted under Hindu Marriage Act. C) The wife consents to grant of divorce.
Dear Querist
As per your information that the divorce was granted by the USA court by Mutual Consent, hence there is no need of any divorce granted by the Indian Court.
that divorce granted by the USA court is Conclusive.
No need to file any divorce case in India.
It will be better to uptade the same before the registrar office as they got divorce mutually, copy of the divorce decree will also be submitted before the Registrar Office.
Feel Free to call
Since he got married as per USA law and also got the marriage dissolved by decree of divorce as per USA law, the fact of registration of marriage in India may be ignored.
He can very well go ahead with the proposed marriage at USA without any problem.
1. Divorce decree passed by a court in US is valid in India for all legal and practical reasons. No Indian court will set aside a decree which has been passed by a foreign court in proceedings in which both spouses participated.
2. Your nephew does not require any divorce validation in India.
