Wife and I were married under Hindu customs in India and we currently reside in the USA. The marriage has broken down beyond resolve and we've agreed to file for divorce. I'm seeing different answers on the internet about whether the decree granted in the US will be recognized in India. We will be filing for a mutual consent divorce in New York state, with no dispute issues. Should we file for divorce in India in addition to the US process? Or will the decree granted by the courts in the US be valid in India as it is mutual consent?
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1. The decree of divorce on no fault ground in USA even if on mutual settlement is not valid in India.
2. So since both of you are willing then file MCD in India only and not in USA or in both places.
3. For mutual divorce in India your personal presence is required only in final motion after six months of filing.
Mutual divorce decree granted by US court valid in India.
Maximum either will require to file petition in India to execute US court decree.
Dear sir,
You can file for a mutual consent divorce in USA since both of you are residing in USA. You don't need to initiate separate proceedings in India.
The divorce decree passed by the USA court would be recognized as a valid decree in India.
Please make sure of the following:
- Divorce should be pronounced by a Court of competent jurisdiction in USA;
- It should not be in the absence of any party;
- It should be based upon relevant Indian Law (Hindu Marriage Act in your case); and
- It should not have been obtained by practicing any fraud on the court.
Hope this helps.
Best wishes!
If the mutual consent divorce in US states that the divorce was granted on no fault basis then it is not legally recognised as valid in India.
However if the divorce was granted for the incompatibility as reason then it is valid in India.
You talk to your lawyer and get the divorce decree accordingly.
A decree granted by the US district court will be a valid document in India if both of you agree to it and file a case. This is settled law. There is no doubt in that.
I can provide you with a landmark supreme court judgment which supports your case.
Yes it will be valid unless not objected by her. You need to validate it in Indian court.
Mutual consent divorce decree obtained abroad would be valid in India
2) you can file petition under section 7 of family court act that marriage is dissolved by US divorce decree
Decree passed in USA will not be applicable in india
1. Decree of divorce passed on the basis of mutual consent of spouses will be valid for all legal and practical reasons in India.
2. There is no requirement to file anything in India after you obtain divorce from the US court.
As of now you can continue with the Mutual Consent Divorce and when if in Future your wife any case in Indi athan you can produce the MCD that is too valid in the India
1. See if you are going for a mutual divorce there won't be any issue and no separate divorce petition in India is required. After divorce in US is granted you may file a declaration petition before family court declaring your divorce decree and marital status your wife may consent to same and court will pass order.
You have to get divorced in India.
Do it this way....
One of you file a contested divorce case in India via some legal representatives and other person don't appear in court than court will grant you ex-parte divorce.
It will be valid
Dear Querist
the Divorce by way of Mutual Consent will be valid in India if granted by the US Court but after granting the decree from the USA Court, parties shall have to file a civil suit for a declaration before the Family Court in India and when the court declares this decree valid then only the Decree granted by USA Court shall be considered as Valid.
Because India and USA has no reciprocating countries.
Feel Free to Call
1. Divorce obtained from US Court will not be recognised in India, as USA is not recognised as a reciprocating country by India.
2. It's better to apply for Mutual Consent Divorce in India, to avoid complications in future.
3. A Hindu couple married in India under Hindu Marriage Act can only obtain divorce under the grounds recognised by HMA, which includes Mutual Consent Divorce.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Hence , the decree of divorce granted by the US court on the ground of mutual divorce is very much valid in India for all purposes , and the validation of the said decree from Indian court is not required legally.
If its a contested Divorce then the decree is valid in India but if it is a Ex-Parte divorce, it will not be valid, but in your case its a Mutual Divorce and therefore the decree will be vaild,
To be on the safer side kindly take the statement of your wife that she will not file any kind of case on you in india regarding the matrimonial Dispute .
The Decree will be binding.
Dear Sir,
The decree granted in the US will be recognized in India and you are no required to go for the fresh case in India again.
Yes, Mutual Consent Divorce (MCD) passed by competent court in USA is valid in India.
You need not once again file for divorce in India.
Hever, if you want authenticity from Indian Court, you need to file an Application under Section 7 of Family Courts Act for your records. (your choice).
Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.
1. Mutual consent divorce decree from foriegn court will be valid in India.
2. No need to file divorce in Indian court if you get mutual consent divorce from US court.
1. The decree of divorce passed by the USA Court based on the Mutual Consent Divorce petition jointly filed by both of you will be considered as valid in India since it satisfies the requirements mentioned in HM Act.
2. However, you shall have to file an application before the appropriate District Judge to get the decree passed foreign court validated.
3. Alternatively, you both can jointly file the MCD petition before the appropriate Court in India and get it decided after 6 & 1/2 months from the date of its filing when both of you shall have to attend the second motion and confirm that both of you still want divorce.
