No fault divorce granted by US courts is not valid in India
2) divorce granted by US court must be on grounds recognised by Hindu marriage act
Can an Indian marriage be divorced without consent by one spouse to other in US.
No fault divorce granted by US courts is not valid in India
2) divorce granted by US court must be on grounds recognised by Hindu marriage act
No, In US nor any abroad court decree for divorce is not valid in India. Only Mutual Consent Divorce done in the Foreign countries are valid in the India.
The answer is NO.
NO local, National and International Law have ever introduced any such provisions under federal rule and law of Asian, European and American Countries to annul the marriage performed in India and decree of divorce passed in USA without consent and being heard of either of spouse.
No such law exists.
If it happens Please challenge it.
Hello,
Divorce without Consent has to be contested before the divorce is granted.
That divorce decree is not Valid in india
In case the divorce is filed on grounds as mentioned under India law, and other party contest same before the court and the court passes orders on these grounds by evaluating available evidence and record the decree may be considered valid in India.
- The followings are law applied , when divorce granted outside India.
1. 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.
2. If the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
3. If the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
4. Ex-parte decree of Divorce granted by US Court will also not be recognised by Indian Court.
- Hence, if one of the spouse gets divorce decree from the US Court without the consent of other , then that decree is not valid in India.
1. A Hindu couple married in India has to obtain divorce, under Hindu Marriage Act, in India only, except in case of repository countries.
2. Since USA is not a repository country, divorce obtained from USA will not be valid in India, more so ex--parte divorce.
Yes it can be done through no fault divorce but such divorce will not have validity in India unless validated in Indian court
The marital legislation in force in USA allows ni fault divorce if its established by one spouse that they are staying separately with no scope for compromised anymore.
This doesn't change whether another party contest the proceeding or let it happen ex parte.
Hi
Indian marriage can be dissolved by courts located overseas if and only if
a) Both the parties appear before the judge and contest the divorce on grounds of cruelty/adultery/desertion
and
b) If the court awards grant of divorce on grounds of cruelty/adultery/desertion.
Please note that if the overseas courts grant divorce on the following grounds i.e
A) Ex-parte divorce (where one party is absent through out) or
b) No fault divorce is granted by the court,
then the divorce granted by overseas courts is not acceptable under Hindu marriage laws.
Hope this information is useful
It is not recognised as legally valid divorce in India for the marriage solemnized in India as per Indian laws.
Exparte Divorce / default divorce is not valid in India.
If it is consent divorce, it is valid in India.
If the divorce is granted in line with Hindu Marriage Act, it is valid.