Divorce and remarriage

if the divorce has happened through mutual consent then as per my knowledge there is no need to get divorce from indian court.only exparte divorce obtained in foreign country is considered to be invalid in india

I Agree with Jeevan Patil. If you want to marry in india you have to take divorce in India.  Otherwise not necessary.

Thank you Mr. Saravanan, Mr. Patil and Mr Ravinder for your prompt reply.

Firstly the woman is an U.S. citizen but married in India (probably according to Hindu Law) if the couple took consented divorce in U.S. then it transpires that the decree of divorce is a consented decree. Consented decree cannot be challenged either in U.S. Court or in Indian Courts, hence, such divorce is absolute. Now if the divorcee wife marry a NRI indian in U.S. the marriage will occure in the foreign country where Indian Law has no jurisdiction to interfere.

Thank you Advocate Biswanath Roy for your clarification.  In case the lady is marrying an India NRI in India for second time what will be the position.   I read some opinion where it was said that if the first marriage has taken place in India as per Hindu Law them the foreign divorce is not valid in India.

Thanks

True, but in case of consented decree none of the couple can challenge it legally either in forign country or at home country. Here the legal question arises whether or not  a consented decree outside of India can be challenged in India subsequently by  either of the consented decree holder and reopened the same.

The consented divorce that took place in US is very much valid in India as per law and his has been recently confirmed through a judgement by Supreme court too. She can very well marry another person (NRI) in India as per Indian laws without bothering about the previous marriage that took place in India and got divorced legally with the consent of both the spouses in US.