Shamita Verma (Salaried employee) 11 February 2019

No fault divorce in usa, is it valid in india ?

Hi.

I got married in 2011 in India and the marriage was regisered. Moved to USA in 2015 with former husband.

Due to incompatibility, we both agreed to get divorced. So we got a mutual 'No Fault' divorce, decreed and certified by Texas Court in 2018.

Question -

1. Is mutual 'No Fault' divorce in USA, valid in India ?

2. If yes, then do I need any other document certified by a court in India?

3. If no, what are the options to get the divorce certified in a court in India?

Reply Follow

5 Replies

Vijay Raj Mahajan (Advocate) 11 February 2019

Your divorce by mutual consent is valid in India by all means, no further certification required, you can use the decree of divorce issued by the Texas Court in India for all legal purposes.

NSV VARA PRASAD 11 February 2019

Go Ahead.

Suhail suhail (LAWYER) 11 February 2019

That is valid equally in india too.You are already divorced.

Adv Radhika Mehta (Advocate) 11 February 2019

1. Since you were married in India, the No Fault Divorce obtained from Texas is not valid in India.

2. You will need to get the Decree from Texas Court executed here in India. With both parties consenting, it should not be that time consuing a process.

3. Alternatively, you may seek Divorce by mutual Consent in India and in light of the US Decree, seek waiver of the 6 months cooling off period.

The above steps are neccesary only if either of the spouses desire to get married and settled in India in Future.