Divorce decree validation
5 months ago
Couple has been divorced with mutual consent and agreement and participation in USA. They had registered their Marrige in India in 2014 and at that time husband was Indian citizen and wife was USA citizen. At the time of divorce both husband and wife are USA citizen. Question is whether the divorce decree is valid in India or not? Is there any need of any attestation, validation or submission of the divorce decree in india so that either of them can re-marry legally?
A.Dear Sir,
Since both of them surrendered before US Court and got divorce decree as such it is valid decree in India also.
Since both of them surrendered before US Court and got divorce decree as such it is valid decree in India also.
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A.Hi client,
As per sec 13 and 14 of the Civil Procedure Code, 1908 foreign judgements are valid in India, if abided by the same.
Thanks and Regards
As per sec 13 and 14 of the Civil Procedure Code, 1908 foreign judgements are valid in India, if abided by the same.
Thanks and Regards
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A.Dear Client,
The divorce by mutual consent and agreement once taken from the US court is effective and valid in India. It can not be contested in India unless it is without the consent of one party. In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid in India and Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Code. Under the Indian law there are two ways of getting foreign judgment enforced. First, by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified therein are fulfilled). Secondly by filing a suit upon foreign judgement / decree. So, you need to file a petition for declaration under section 7 of the Family Court Act declaring that the marriage is dissolved by US divorce decree so that either party can remarry legally.
The divorce by mutual consent and agreement once taken from the US court is effective and valid in India. It can not be contested in India unless it is without the consent of one party. In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid in India and Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Code. Under the Indian law there are two ways of getting foreign judgment enforced. First, by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified therein are fulfilled). Secondly by filing a suit upon foreign judgement / decree. So, you need to file a petition for declaration under section 7 of the Family Court Act declaring that the marriage is dissolved by US divorce decree so that either party can remarry legally.
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A.Dear Client
Divorce in usa is valid in India but you should have to execute it in India by filing of execution suit on the basis of certified copy of judgment. without doing so your divorce has no force in India and you may be prosecuted for bigamy if you contracted second marriage.
Divorce in usa is valid in India but you should have to execute it in India by filing of execution suit on the basis of certified copy of judgment. without doing so your divorce has no force in India and you may be prosecuted for bigamy if you contracted second marriage.
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