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anugraha   09 October 2016

U.s divorce valid in india ?

I filed for divorce from my husband in the U.S (CALIFORNIA). The divorce was filed under "IRRECONCILABLE DIFFERENCES". At the time of filing for divorce, I was in India. I had it filed in california through a lawyer in the U.S. I filed in California as my husband is a resident there. It is an uncontested case as we both are in agreement on divorce, and we are ending it amicably.

Marriage was conducted as per Hindu rites in Bangalore, India.

  1. Will this divorce be valid in India ? 
  2. What needs to be done to make it valid in India ?


Learning

 24 Replies


(Guest)

Message deleted.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 October 2016

You have not stated what is your status in india

(Guest)
Valid, unless challenged. So it should be decided if other party wants to drag u to court, again.

(Guest)
You can do one thing, , ask wife to sign MCD u.s. 13b and validly take divorce from home town. Indian divorce has more weightage than forin.

Ms.Usha Kapoor (CEO)     09 October 2016

If both you and your husband have agreed for mutual consent divorce in US ansd it ws granted in US and you borth  willingly  submitted yoursleves to US court's Jurisdiction and if it is  a competent court then the Divorce granted by US court  is valid in India. You don't need to do anythingfurther to make it valid in india. Amicably through mutual consnet divorce you've parted ways. That's the endof it.

If both of your submiting to the U'S court Jurisdiction and it  is  by way o fMutual consent and you are ending it amicably then the,

divorce grnated by  a US court in California i svalid in India.The  US court must be competent to granrt divorce.

1. You stated marriage ws performed in Bangalore as per Hindu rtes.In view of this, the judgment passed by Hon’ble Madras High Court in "Bhashyam Ramesh @ Rajagopalan vs R.Saroja @ K.K.Saroja on 24 February, 2012" stated the rule that "Thus, it is clear that only that Court will be a Court of competent jurisdiction which the Act or the law under which the parties are married recognises as a Court of competent jurisdiction to entertain the matrimonial dispute. Any other Court should be held to be a Court without jurisdiction unless both parties voluntarily and unconditionally subject themselves to the jurisdiction of that Court.
2. Therefore, based on the judgment above if both, your husband and you accept the divorce of the court in CA, then the divorce is valid and no further action is required. In Indian context, further judgment of divorce from family court is not required though if the situation demands that both of you would be comfortabletable if divorcet aken US by Mutual consent isvalidinIndia. If you appreciiate this answer please click the thnank yuou buttonon this forum.

Sachin (N.A)     09 October 2016

Foriegn divorce degree is valid unless challanged in india.

anugraha   09 October 2016

Thanks to all who responded. I am an indian citizen residing in india. But divorce was initiated by me and husband participated in divorce. I recently read that divorce on grounds of irreconcilable differences is not valid in india under 13b. Is this true ? It is contrary to the opinions recvd on thus forum. Can someone comment on this point ?

anugraha   09 October 2016

Thanks to all who responded. I am an indian citizen residing in india. But divorce was initiated by me and husband participated in divorce. I recently read that divorce on grounds of irreconcilable differences is not valid in india under 13b. Is this true ? It is contrary to the opinions recvd on this forum. Can someone comment on this point ?

Sidharth   09 October 2016

Dear anugraha,

You are right, I too have read this type of judgement. 

So any spouse can challange the divorce order of US in india.

It is better to take mutual consent divorce in inida to avoid any complications in future.

Sidharth   09 October 2016

Irreconcilable differences is not a valid ground in india however what is valid is the irretrievable breakdown of marriage. Hence if the divorce is obtained outside india on the grounds which are not valid grounds under the Indian law then that is not sufficient to nullify the marriage. hence it is advisable to apply for divorce in india on the ground  irretrievable breakdown of marriage ( in case your ex is not coprating ) or mutual consent divorce ( if your ex is cooperating)

anugraha   09 October 2016

Siddharth - i am only interested in knowing if divorce filed by wife in u.s on grounds of "irreconciliable differences" are legally valid and enforceable. My husband does not and will not be challenging in india.

A walk alone (-)     09 October 2016

Yes divorce is valid if your ex husband will not challenge it

Sachin (N.A)     09 October 2016

Yes, its valid if your ex not challange that in india

dr g balakrishnan (advocate/counsel supreme court)     09 October 2016

Californian divorce law may not got vetted in india, so you can contest at bangalore high court itself.


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