You have to file petition in family court under section 7 of family court act for declaration that marriage is dissolved by US divorce decree 

1. You shall have to first get the said USA decree of divorce validated by the concerned district court in Kerala.

2. Foreign decree not passed on ground acceptable by Indian law is not valid in India. However, in the instant case, you have availed the decree of mutual consent divorce on grounds acceptable by Indian law and also followed the procedure mentioned therein for which your MCD divorce decreed by the USA Court will be considered as valid in India for which you shall have to file an application before the locan District Judge in India to get your said foreign decree validated by him.

3. Once the said decree is validated with all the conditions mentioned in the said decree,you can claim your share of the property as per the condition set in the said decree and agreed by both of you by filing a declaratory suit to that effect.

4. So, file the application for getting the said USA MCD decree validated first and then act as advised above.            

When it comes to matrimonial matters, the Indian Diaspora across the globe often gets fuddled up in conflict of Family laws. And especially when it comes to divorce, things are assumed to get all the more hay wired.

However little is it known that the position with respect to the matter pertinent is very much clear.

Indeed, the divorce petition can be filed as well as settled outside India even if the marriage has taken place in India.

As a general rule under Section 13 of the CPC, any foreign judgement is valid and conclusive in India if it does not falls under certain exceptions.

The Apex Court of India lay down and clarified the law for foreign matrimonial judgements in the country in the case of Y. Narsimha Rao and ors. vs. Y. Venkata Laxmi and anr.

Brief Facts of the case

Y. Narsimha Rao and Y. Venkata Laxmi were married in Tirupati, India as per Hindu Customs in 1975.

They separated in July 1978 and Mr. Rao filed a petition for dissolution of marriage in the Circuit Court of St. Louis County Missouri, USA.

The Circuit Court passed the decree for dissolution of marriage on February 19, 1980

On 2 November 1981 Mr. Rao married another woman.

Mrs. Laxmi filed a criminal complaint against Mr. Rao for the offence of bigamy.

Judgement

Although the Court did not recognize the decree passed by the US court but it did lay down the clear law with respect to divorce decree in such matters. The Court carved out the exceptions as to in which conditions the divorce decree would NOT be recognized in India.

Such exceptions are as follows:-

When the decree is granted by court which is not authorized by Indian courts to grant the same

When one side is not heard or his/her submission is not taken on record

When the divorce is granted on the ground which is not recognized under Indian matrimonial laws

When the proceedings are against principles of natural justice

When the decree is obtained by fraud

Thus if the divorce matter does not falls within the ambit of any of the exceptions mentioned here in above then it can be proceeded unhindered in any foreign court even if the marriage takes place in India.

1. you are required to file a case for declaring your foreign decree as VALID in the District Court of the concerned city of Kerala,  

2. once the decree is validated, you can bound your wife to fulfill her part of the agreement,

In Indian court you have apply for divorce decree on the USA mutual consent divorce order ground. And get applicable all those points according to your wish which you have mentioned in the MoU of MCD.

This decree shall be first retired by indian family court as it is not valid in India however the us decree will be ground and after that the property may be decided.

Eventually you may also contest for any other property in india which is being transferred because of decree from us as this decree can be challenged in India.

The divorce once taken from the US court is effective and valid in India. It can not be contested in India unless it is without the consent of one party.you can approach to the Indian Court for declaring that divorce is valid and binding.

Dear Sir,

It is a general rule that if one of the partners/ couple/party  contests divorce filed in Foreign Court  it would be said that he/she consented/ accepted  to the jurisdiction of that Court, in such a case the decree would be considered to be a conclusive or valid  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/ Private and Personal or International Laws  of the parties, to be valid and the judgment of such foreign Court to be conclusive.

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. The Court also see the judgments  passed by foreign court as per sec.13 of Civil Procedure Code .

Secondly, by filing a civil  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.

The substantial questions of law which arise for consideration in this appeal are as to whether the foreign judgment passed by the Supreme Court in the State of New York is valid and binding on the parties and whether the said judgment dissolved the relationship of marriage between the parties.

The case made out by the plaintiff in the plaint that no other forum save and except the forum in India having jurisdiction to entertain proceedings under the Hindu Marriage Act 1955 is competent to pass a decree of divorce is not acceptable in law. That the relationship of marriage governed by the Hindu Marriage Act, 1955 can be dissloved by foreign decree of divorce has been long recognised by the Courts in India.The decision reported in AIR 1975 SC 105 (Smt. Satya v. Teja Singh) is a complete answer to the aforesaid question. Their Lordships have held that foreign decrees of divorce including decrees of Sister States are to be either accorded recognition or to be treated as invalid depending upon the circumstances of each case. Section 13 of the Code of Civil Procedure makes a foreign judgment conclusive as to any matter thereby directly adjudicated upon between the same parties except-

 Section 14, C.P.C. creates a presumption that a foreign judgment, certified copy of which has been produced was a judgment pronounced by a court of competent jurisdiction unless the contrary appears on the record, but such presumption may be displaced by proving want of jurisdiction. Thus a combined reading of Sections 13 and 14 of the Code of Civil Procedure makes the position of law clear that if a certified copy of a foreign judgment is produced in a court of law directly adjudicating upon any matter between the same parties, the same shall be presumed by a court to have been pronounced by a court of competent jurisdiction unless the contrary is proved.

Have to file petition in session court to execute foreign court decree. Suit will file where property exits.

Foreign decree of a reciprocating territory be executed as an Indian decree. By virtue of section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as a decree passed by the Indian district court.

The Indian Code of Civil Procedure, 1908 (CPC) lays down the procedure for enforcement of foreign judgments and decrees in India. The basic principle which is followed while enforcing a foreign judgment or decree in India is to ensure that the judgment or decree is a conclusive one, passed on the merits of the case and by a superior court having competent jurisdiction.

A foreign judgment or decree should be conclusive as to any matter adjudicated by it. The test for conclusiveness of a foreign judgment or decree is laid down in section 13 of the CPC which states that a foreign judgment shall be conclusive unless:

• It has not been pronounced by a court of competent jurisdiction;
• It has not been given on the merits of the case;
• It appears, on the face of the proceedings, to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
• The proceedings in which the judgment was obtained are opposed to natural justice;
• It has been obtained by fraud;
• It sustains a claim founded on a breach of any law in force in India.

Thus, before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree passes the seven tests above. If the foreign judgment or decree fails any of these tests, it will not be regarded as conclusive and hence not enforceable in India.

You may discuss with your advocate on the above lines and take further action on her objections raised that if the said objection is valid or not or that your claim ill still be maintainable with regard to the above 7 points.

Dear Querist

as per section 14 of Civil Procedure Code-1908 

Section 14 of the Code declares that the court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved.

the decree or order of the foreign Court can be challenged only on the ground mentioned in section 13 of CPC, read as under:-

13. When foreign judgment not conclusive.

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

1[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 1[India].

Hence, She is bound to obey the Decree of the USA Court 

Feel Free to Call

The wife agreed to a mutual consent divorce and the transfer of assets as a result of it. Now she cannot go back on her promise. Yes the decree is very much valid and enforceable and you must go ahead. The court shall honour the decree.

1. You should first file case for declaration of divorce in Indian court on basis of mutual consent divorce judgement from US court.

2. After judgement from Indian Court you should file execution petition for executing the judgement of us court in India. 

The remedy is simple. You have to file execution petition in the competent court in India against your ex-spouse to execute the decree.

You need to validate the decree in India through court to get the same valid in india