• Divorce granted in USA - will it be valid in India

Hello, I got married in India around 2015 under the Hindu marriage act in 2019 I left India and my husband due to abuse which I can prove by a psychological evaluation I received which came back diagnosing me with PTSD due tot the abuse I suffered. I haven't been back to India or been in contact with husband since then 2019. I am an American Citizen by birth and still currently hold USA citizenship. I filled for a contested divorce in 2021 in USA courts. My husband has been fighting the divorce and participating in the proceedings and the courts have been really fair here by granting many delays on his request. The divorce was filled on the grounds of gross neglect of duty and extreme cruelty. Will my divorce be valid in India? and if so how can I submit the USA judgment to the courts there? 
Also my husband tricked me into converting to a Hindu saying we couldn't get married unless I was a Hindu according to Indian law he never informed me there were other marriage acts beside the Hindu marriage act. I have been a Christian since birth and after coming back from India converted back to being a Christian.
Asked 2 years ago in Family Law
Religion: Christian

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8 Answers

Whether you got converted to Hindu or not, being a foreign citizen, your marriage should have been registered under the provisions of Special marriage act only and not under Hindu marriage act.

Therefore basically the marriage is invalid in India itself.

Secondly, if your marriage was dissolved by a decree of divorce by the USA court on the grounds of cruelty, which is a legally valid ground for divorce in India, then this divorce decree is recognised as valid, hence you do not have to be concerned about the validity in India.

You may have to ensure that the divorce is granted on the grounds of cruelty by the court in USA instead of fault or no fault divorce, which is the usual phenomenon in USA. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

You can go for Mutual Consent Divorce in the USA that same will be valid in India.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Your divorce decree would be valid in India as husband had participated in divorce proceedings abd it is granted on grounds recognised by HMA 

 

2)you can file for petition for declaration that marriage is  dissolved by US divorce decree 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

You need to validate the said divorce decree in India for its admissibility 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Hello 

 

For getting the decree validated in India you need to file a petition in India .

 

however as you are a US citizen and taken a divorce in US , you need not to get the decree validated in India, unless you plan to marry another Indian man. 

Best of luck 

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

Hi,

The divorce decree passed by the US court is valid one in India if it is comply the conditions such as :

( I) The relief sought before the US Court shall be on a ground available in the matrimonial law under which the parties are married;

(ii) The respondent shall voluntarily and effectively submits to the jurisdiction of the US Court and contested proceedings.

(ii) The divorce decree shall be on the merits of the case. 

 

In your case is concern, you have filed divorce petition on the ground of cruelty ( Which is one of the ground for divorce available in Hindu Marriages Act) and has been contested by your husband. Therefore, if the US Court pass an order after proper trial, it will be a valid decree and executable.  Hope, i have cleared your doubts. If your need any further clarification, do not hesitate to contact me. Thanks. 

 

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

Dear client I am sorry to hear that but in this case you have to enforce the foreign decrease in India under order 13 of CPC

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Your divorce is perfectly valid and enforceable in India as it is obtained on merit through due trial by Court. There no procedure under Indian law to validate a divorce which is valid by itself. It sufficient if the divorce satisfies condition of Section 13 and 14. Any proceeding seeking validation of valid divorce will be taken as you are admitting that the divorce is not valid, it will nullify you valid divorce from  U.S. Court.


You needs to just produce the decree of divorce to the authorities (judicial/executive). That will be sufficient.  

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

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