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shefali   18 January 2016

Married in india and divorced in usa

Hi

I married in India and then joined my husband at USA, where I found I am betrayed and can not live with him any more and came back to USA after 1.5 years around he filed a divorce there and i have given my notarized approval from India as per his lawyer asked and will be getting absolute divorce from USA court. will it be valid in India ? can i change my passport name producing that judgement ? or do i have to proceed something here in India to be validated in India if yes then what i have to do  where my husband believes no further communication is required and will not support is its needed

Thanks

 



Learning

 3 Replies

Vijay Raj Mahajan (Advocate)     18 January 2016

The divorce decree of USA is valid in India provided it is not being challenged by the opposite spouse in Indian court. If there has been mutual agreement between both to go ahead for divorce proceedings in USA court, both parties surrender to USA court jurisdiction, the decree of divorce will be considred valid in India for all purposes.

shefali   18 January 2016

But i heard from passport authority that they need to have attsted copy of the decree..

When i am submitting original divorce judgement copies what should they need next?

I am confused there

 

Thanks

Shefali

Samir N (General Queries) (Business)     19 January 2016

What Mr. Mahajan has advised is correct. The problem arises only if one of the party has opposed the divorce in a foreign court or did not get an opportunity to oppose. In your case, by expressly and willingly surrendering to the jurisdiction of the foreign court, both parties are effectively waiving any future possibilities of nullifying the divorce in the Courts of India. There is however a small loophole in this which is more of a theoretical nature. One of you can say that you were threatened in India to surrender to the jurisdiction of the foreign Court or some such BS. But such claims will usually fail. 


What I suggest is that after getting the foreign decree, you fortify the same in India by doing some formalities related to divorce, for example, changing your name back.... The more the formalities you complete in India, the more weightage your foreign divorce decree will carry.


The decree of the Foreign Court can be attested from the Indian consulate in that country or from the foreign embassy here or both.  Just look into this further by calling the consulate/embassy directly.

 


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