Ratification of other countries' divorce decrees in india

As far as ratification is concerned it depends whether or not divorce proceedings are contested or uncontested. If it's contested then one sided (Exparty Divorce obtained in U.S. court in case of Hindu Marriage) won't be valid and the both the parties will be required to be physically present in Indian Court. However there are options such as Video Conferencing proceedings with which  either of the party can appear online and attend this proceedings.

Thanks for the prompt response.  As you have asked about the details of the case whether contested and uncontested, will seek your further guidance providing you with more details. 

The divorce issued by a competent foreign court is valid in India subject to certain conditions.  The respondent should have had reasonable opportunity to defend himself/herself in that foreign court.  If the divorce was obtained (without being declared exparte) it is valid divorce.  If the divorce is obtained by exparte decision of the court, then the respondent spouse should have been staying in that foreign country and despite having the ability to attend the court proceedings he/she should have avoided it.  If it is a case where the respondent spouse is staying in India and the petitioner spouse had applied for divorce in remote place like USA and because of the inability to afford to contest the petition by going to USA the respondent spouse had not attended then, it is not a valid divorce in the eyes of Indian law. 

There is no process of ratification of foreign divorce in India.

Please accept my sincere thanks for the highly useful information. I was given to understand even in case of a divorce granted by a US court, where both the parties were present, the same divorce decree compulsorily need to be ratified in India, if one of the parties decides to get married.  I was informed if this is not done, even in case of a legall correct divorce issued by a US court, one of the parties can still raise an issue in a family court at a later date to create problem to the other party.  Is this correct? Can you please advise on this point?

Thanks

In short if you go for divorce decree in U.S. then it's waist of time & money for you because your marriage was performed according to Hindu law therefore HMA (Hindu Marriage Act) is applicable not american law and by doing so you are not only offering Maintenance Under Section Crpc 125  to your wife but also creating other serious consequences if you have property in india, bank accounts, any movable/immovable property.

In short if a marriage is performed according to Indian Ceremony then forget about waisting time and money at U.S. courts it will only help if a person is planning to remarry or acquire citizenship or Green Card by getting married to another person.

Thanks for the clarifications offered in this mail and this will be very useful for the parties concerned.

My son had a civil marriage in India. He was granted a divorce decree in the US, where both parties

agreed to separate and both parties were present in the US at the time the divorce was granted.

It s more than five years now since divorce was obtained in the US. Is there any compulsion that the divorce decree be ratified in India, should either party decide to re marry. Are there chances of problems

cropping up now or at a later date.

Thanks