In your case, since your divorce was granted in the USA, you will likely need to provide a legal document confirming your single status for your marriage in Vietnam. The Indian authorities may require proof of your divorce decree to validate your single status certificate, even though the divorce was granted in the USA. You can consider the following steps:

1. Obtain an Apostille or Notarized Copy of the US Divorce Decree: Start by getting an apostille or notarized copy of your US divorce decree. This will serve as a certified translation of the divorce document, making it acceptable under international law. You may also have the document translated into English if required by Vietnamese authorities.

2. Single Status Certificate from India: In India, you can apply for a Single Status Certificate from the relevant authority (usually the SDM or Notary). The Indian authorities may accept your US divorce decree as proof of divorce, especially if it is apostilled or notarized. You can clarify the issue with the relevant authority before proceeding with the process to confirm if they will accept the US divorce decree or if you will need to go through additional steps.

3. Consult the Vietnamese Embassy or Consulate: It's important to check with the Vietnamese embassy or consulate about their specific requirements for a single status certificate. They may allow you to submit the US divorce decree or provide guidance on the acceptable documentation for this purpose.

In case the authorities insist on an Indian divorce decree, you may need to file a petition for divorce in India. However, this is typically a lengthy and tedious process, and it might not be necessary if your US divorce decree is validated through apostille or notarization.

If you face difficulties in the process, seeking assistance from a legal expert in both Indian and Vietnamese law can help streamline the procedure.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

Mutual  consent decree  obtained abroad is valid in India

for your re  marriage in case the authorities insist, you have to get the divorce decree validated by Indian courts 

You can file a petition in family court in India for declaration. That The marriage  is dissolved. By US decree 

1. You are already single by virtue of the decree of divorce passed in your favour by the competent court in USA.

2. Indian Courts cannot re-dissolve a marriage which has been dissolved already. 

3. Your fears seem to be misplaced. Having dealt with thousands of such cases of foreign divorce, I see no reason why the US decree passed by the competent court in USA will not be accepted in Vietnam. 

You can get your USA divorce decree evaluated and enforced in India. The relevant family court would send summons to your ex-wife and in case she does not appear, will grant exparte divorce decree in your favour. 

To get a single status certificate for marriage in Vietnam:

1. Validate U.S. Divorce in India: File a petition in an Indian family court to validate the U.S. divorce decree under Section 13 CPC. This ensures it’s legally recognized in India.

2. Alternative: If validation isn’t practical, file for a fresh divorce in India. This may be challenging if you’re not in touch with your ex-wife.

3. Single Status Certificate: Prepare an affidavit declaring your single status, referencing the U.S. divorce. Notarize it and get it attested by the SDM and MEA, though they may ask for an Indian decree.

Recommendation: Validate the divorce in India to avoid rejection during attestation. For personalized advice, consult a lawyer. Hope this helps. Reviews are appreciated. Thank you! Shubham Goyal.

In the given situation you can either file a suit for declaration declare the dissolution of your marriage by US court through a divorce decree is valid and for that you have to file a suit for declaration before the court within the jurisdiction where your marriage took place or the place where you both last resided together in India or the place where she currently resides in India. 

Alternately you can file a suit to validate the US divorce decree before the jurisdictional family court under section 13 CPC.

Section 13 of the Code of Civil Procedure, 1908, deals with the circumstances in which a foreign judgment is not conclusive.

An Indian court can refuse to recognize a foreign judgment if it violates Indian law or any other law in India.

Section 13 CPC states:

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 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 India.

In both the situations above, you may have to produce the certified copy of the US divorce decree.

You can send summons to your ex-spouse to the last known address and if she do not respond to the court summons even after receiving the summons the court may proceed to pronounce exparte judgment and this judgment copy will be a substantial documentary evidence to establish your current marital status to enable you to marry again in Vietnam

You can validate your divorce in India if same is a mutual one 

Your divorce decree  would be accepted by the Indian courts as both parties have agreed to dissolve the marriage

Your divorce on the grounds of incompatibility is a legally recognised and valid ground as per Indian laws hence you can follow the steps to validate the same through Indian court 

A divorce  by mutual consent on the  ground of incompatibility is valid and recognized in India. You can produce your divorce  decree before authority and obtain necessary certificate .

Yes, Indian courts can recognize your uncontested mutual divorce obtained in the U.S. on the ground of incompatibility, provided certain conditions are met. While "incompatibility" is not explicitly mentioned in Indian law, mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, is a valid ground.

Key Conditions for Recognition:

1. Mutual Consent: If both parties willingly participated in the U.S. divorce process, the Indian court is likely to accept it as aligning with mutual consent under Indian law.

2. No Fraud or Coercion: The divorce decree must be genuine and free from fraud or undue influence.

3. Public Policy Compliance: The U.S. divorce should not violate Indian public policy, such as unilateral divorce without the other party's participation.

4. Jurisdiction: The U.S. court must have had proper jurisdiction over the case, and both parties should have voluntarily submitted to it.

Process:

1. File a petition in an Indian family court to validate the U.S. divorce under Section 13 CPC.
2. Provide evidence such as:

   • The U.S. divorce decree.
   • Proof of your and your ex-wife's participation in the proceedings.
   • Your marriage certificate.

3. The court will examine if the decree complies with Indian legal principles.

Conclusion:

While "incompatibility" as a ground isn't explicitly part of Indian law, mutual consent and participation in the process make your case strong for validation. Consult a lawyer to ensure proper filing and documentation.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. Reviews are appreciated. Thank you! Shubham Goyal.

1. Incompatibility is recognized by Indian law. Rest depends on the pleadings.

2. You do not require any validation from courts in India.

If it’s recognised ground in India then it can be validated 

In India, divorce decrees from foreign courts are recognised under Section 13 of the Code of Civil Procedure, 1908, but they must meet certain criteria. While "incompatibility" is not explicitly recognised as a ground for divorce under Indian law, mutual consent divorce is recognised under Section 13B of the Hindu Marriage Act, 1955, or corresponding provisions for other religions.

The Indian courts may validate your U.S. divorce decree if:

1. 
   Both parties participated in the proceedings: Since the divorce was uncontested and mutual, this supports the case for recognition.
2. 
   The decree is not against Indian public policy: If "incompatibility" is treated as mutual agreement between the parties, the court may consider it valid.

However, you may still need to file a petition under Section 7 of the Family Courts Act, 1984, for a declaratory order recognising the foreign decree in India. This ensures its validity if required for future legal purposes. It is advisable to consult a lawyer to avoid any potential challenges. Rest I would suggest to book a consultation so that I can guide you better

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

- 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.

- Since, you both appear before the Court and the said Divorce decree is granted by the US Court on the ground of mutual consent then the said decree of divorce is valid in India , and the validation of the same is not mandatory form the Indian Court. 

- However, you can file a petition before the Indian Court for the validation of the said decree of divorce.