Divorce validation
Satya M Jayate
(Querist) 30 August 2012
This query is : Resolved
Couple is of Indian origin, married in India, green card holder, six years of marriage , no issue.Mutually agreed for divorce in USA filed by wife.
1.Will this dissolution valid in India ? As marriage is registered in India.
2.What content need to be written in agreements that divorce is recognized in India .?
2.What action is required to initiate in India for validation of divorce granted in USA.
Adv.R.P.Chugh
(Expert) 30 August 2012
1. Yes. Sectio 13/14 Code of Civil Procedure, 1908, says a foreign decree is conclusive on a point it purports to decide finally.
2. No Declaration is required, however by way of abundant caution such a suit can be filed and the court would grant a declaration as to validity of that decree in India.
Good Luck !
