• Indian marriage can be divorced without consent in US

Can an Indian marriage be divorced without consent by one spouse to other in US.
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

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 

Ajay Sethi
Advocate, Mumbai
96866 Answers
7814 Consultations

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.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

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.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Hello,

  1.  If you are referring to a divorce by mutual consent it is not possible.Besides such a divorce must be under provisions of the law in which the marriage was conducted.
  2.  The spouse that wants to obtain divorce cannot do so without notice to the other spouse unless he or she employs deceptive methods.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

Divorce without Consent has to be contested before the divorce is granted.

That divorce decree is not Valid in india

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14479 Answers
221 Consultations

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.

Shashidhar S. Sastry
Advocate, Bangalore
5401 Answers
329 Consultations

Yes it can be done through no fault divorce but such divorce will not have validity in India unless validated in Indian court

Prashant Nayak
Advocate, Mumbai
32457 Answers
200 Consultations

No, the divorce have to be done in Indian court of law

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23206 Answers
513 Consultations

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

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Yes but US court order will not be valid in India.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

It is not recognised as legally valid divorce in India for the marriage solemnized in India as per Indian laws. 

T Kalaiselvan
Advocate, Vellore
87067 Answers
2338 Consultations

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

 Exparte's decree of divorce as given by the foreign court will not be accepted by India courts. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

No Indian marriage cannot be divorced without consent of both husband and wife in US court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

No, it would not be valid in the eyes of law here in India.

And the second marriage after such divorce will be treated an offence of bigamy.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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