File petition for RCR in India 

2) seek stay of divorce proceedings in USA 

3) divorce by mutual consent passed by US courts would be valid in India .however in present case you have withdrawn your consent for mutual consent divorce 

First you filed an affidavit in us court in which you held that the msa was signed in tha mental and physical pressure its not my consent so its void 

then you should filed a divorce case on the grounds of cruelty your marriage solemnized in india acc to hma soo the bharat court have authority and dissolve the marriage because bharat court have hindu marrage court and also filed dv and so on it’s surely help you 

 You do not have to stop or take any steps to cancel the divorce proceedings, becasue as you have not actively participated in the divorce proceedings taken place in USA which would be decided in your absence, it is called as an exparte divorce.

This exparte divorce granted by USA court for the marriage solemnized in India as per Indian laws is not recognised as legally valid in India, therefore as per Indian laws you will remain married to him, he cannot file any petition to execute the divorce decree to declare it as as valid in India due to the non conformity of Indian laws in this regard.

To recognize a foreign divorce decree, the court in India will ensure that there was fairness, good faith, and diligence of each party. Indian courts will not recognize a divorce decree obtained in the US if the grounds are not recognized by the Indian divorce law.

 The Supreme Court in Y.Narasimha Rao and Ors vs. Y.Venkata Lakshmi and Anr (supra) has already held that foreign decree of divorce granted on a ground which is not recognized in India. is not valid in India.

Dear client, you can file an injuction suit in the Indian court as the marriage was solemnized according to the Indian laws and the foreign courts do not have jurisdiction to deal with it under the private international law.

Even if the judge signs the decree it cannot be valid in India without the competent court of India enforcing the foreign decree. 

You can refer to the land marks case of:

1. Y. NARASIMHA RAO VS. Y. VENKATA LAKSHMI, 1991

2. SATYA VS. TEJA SINGH, 1975

Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.Generally, a mutual consent divorce granted by a foreign court is considered valid, legal, and binding in Indian courts by virtue of sections 13 and 14 of the Code of Civil Procedure, as well as the comity of nations. Indian courts do not need to validate such divorce decrees granted by foreign courts. However, as a matter of abundant caution, one can approach the Indian Court to declare that divorce is valid and binding.

Foreign orders/decrees/judgments cannot be directly executed in India unless they are the judgments of courts in "reciprocating territories". In all other cases, the only mode of giving effect to a foreign judgment is to file a suit on the judgment in an appropriate Indian court, which has to be tested by section 13 of the Civil Procedure Code.

If the full and final settlement agreement is signed by both parties in mediation, then both parties are bound to obey the decree. But in India, the decree from the US court can be used as a document in evidence side. The US court has no right to decide on property situated in India in between marital disputes. You can challenge this in India. In the eyes of the Indian judicial system, the property belongs to the person in whose name it's registered.  If the property is in the name of the husband then the wife has no right on that property.

As per Indian law, a husband cannot claim rights on wife’s property. A wife cannot claim a share in the property of her husband during his lifetime. During his lifetime, a wife during her marriage is in existence, or even if her marriage gets dissolved by decree of divorce, she has only the right to residence on certain terms and conditions, to be provided by her husband.

1. How can the proceeding is US is stopped at this stage before the hearing? Where I need to approach for this?


2. In case it is not possible and Judge signs the decree, what course of action I will have in India and where to approach?

Do you have any plans to visit the US and stay there ? In such a case you will act otherwise forget about the US court procedure. Legal challenges against US court decisions are permitted under Indian law. US is considered as a Non-Reciprocating Territory’ of India. An award from a ‘Non-Reciprocating Territory’ of India, a fresh suit in an Indian court with appropriate jurisdiction, needs to be instituted.  No doubt that Foreign Judgments from Non-Reciprocating Territories need to pass through the sieve of Indian Judiciary but the sieve used is broad and spacious enough to allow the sink in of ‘the cause of Justice’ upheld by the courts of Foreign Countries.

If you have agreed to the settlement how can you revoke the same. You can revoke the same on grounds of some fraud and illegality has happened 

As you have not signed the agreement for a divorce on mutual consent, the US court cannot pass an order. Only a decree passed by a competent court abroad granting divorce on mutual consent is legally recognised in India.

You should know the following law for foreign 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.

- Further, 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. 

- 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. 

1. If the final decree of divorce is not passed then you should inform the court for your refusal through the attorney and even instruct your attorney /lawyer not to appear before the court 

2.if you have given your consent and signed the joint petition with your husband before the court , then the decree of divorce passed by the US court will be valid in India

Divorce proceedings in a marriage solemnized as as per the Hindu rites and registered in India cannot be initiated in foreign courts. Seek stay from an Indian Court !

Without your free and ready consent, the foreign court has no jurisdiction to dissolve your marriage. Get in touch for more help and immediate seek stay from an Indian Court having requisite jurisdiction in the matter!