AnoJash 28 December 2018

Validating foreign uncontested no fault divorce in india

Hello all,

I was married in India and moved to the US immediately along with my wife. We both were working in different states and we had been living under separation since coming back to the US. Due to differences she wanted to apply for divorce. After going through more than a year of reconciliation through marriage counselor, families and myself, she still wanted to get divorce. However she did not participate in the US court divorce proceedings. I was granted uncontested, no fault divorce in US without any alimony. I want to validate this divorce in India.

Given that we have been separated for more than 2 years (proof: US divorce), when I apply for divorce in India, does this proof with evidences of reconciliation hold as a valid ground under which I am seeking divorce?

Please let me know what my options for proof are to have a smooth divorce process in India.

Thanks in advance

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4 Replies

Vijay Raj Mahajan (Advocate) 28 December 2018

Why you should move the Court in India for already obtained divorce in USA? The divorce decree of US court valid in India unless contested by your wife for invalidating it under section 13, 14 Civil Procedure Code. She herself wanted dissolution of marriage in USA and had not contested it there so hardly she will come and contest it here in India. For detailed case discussion you can contact me after going through my profile here in this forum. vijaymahajan5758@gmail.com

Dr J C Vashista (Advocate) 28 December 2018

Divorce decree passed by US court has to be re-instituted in the competent court in India.

Shashi Dhara 28 December 2018

Once u have taken divorce in USA why are u now complicating it. Keep quiet if she challengeslet she challenge at that time u submit the copies as evidence before court .Indian court canot set aside the Merican exparty judgement.be happy.

N.K.Assumi (Advocate) 28 December 2018

Foreign Judgment is considered conclusive by Indian Court if such judgment: Has been pronounced by Competent Jurisdiction on merits of the case founded on correct view of International Law; The Court followed principle of natural justice and not by fraud and trickery without any breach of any laws in force in India. But I wish to emphasize that such question will keep on croping up in Indian Courts and though we have explanation 1 of section 44A it is not sufficient and I am reminded of the Supreme Court observations of three famous Judges, which is as under:

"Our legislature ought to find a solution to such schizoid situations as the British Parliament has, to a large extent, done by passing the "Recognition of Divorces and Legal Separations Act, 1971". Perhaps, the International Hague Convention of 1970 which contains a comprehensive scheme for relieving the confusion caused by differing. systems of conflict of laws may serve as a model. But any such law, shall have to provide for the non-recognition of foreign decrees procured by fraud bearing on jurisdictional facts as also for the nonrecognition of decrees, the recognition of which would be contrary to our public policy. Until then the courts shall have to exercise a residual discretion to avoid flagrant injustice for, no rule of private inter- national law could compel a wife to submit to a decree procured by the husband by trickery. Such decrees offend against our notions of. substantial justice."

This also begs the question whether we have to keep on looking up to Gazzete Notification on "Reciprocating territories" on obtaininga decree of divorce etc.