USA-Divorce Decree is Valid in India ?

Foreign Divorce Validity in India
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-
(a) where it has not been pronounced by a Court of competent jurisdiction.
(b) where it has not been given on the merits of the case.
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable.
(d) where the proceedings in which the judgment was obtained are opposed to natural justice.
(e) where it has been obtained by fraud.
(f) where it sustains a claim founded on a breach of any law in force in India.
So these six conditions are fulfilled by such foreign judgment/decree of divorce then it will be valid for dissolving such Indian marriage as has been held by the Supreme Court of India in several of its judgments. The very first condition is with regard to Jurisdiction of such foreign court, what it means that both or either of the parties should be residing in the foreign country where from such decree of divorce has been obtained. The second important condition is with regard to merits of the case for divorce, whether those merits considered by the foreign court to arrive on this conclusion or not. Next, a proper notice was served to the other party with regard to such divorce proceedings & the other party was assigned a sufficient time to file his or her defense against the case, hence following the principle of natural justice. There was no fraud or force involved in such case & both the parties either mutually agreed to surrender itself to such foreign court for getting the decree of divorce or neither of them objected to such foreign court proceeding with such matter & deciding it accordingly. Lastly the decree so passed by the foreign court should not be such which may not be executable in India. In your case if you both had agreed for going through such divorce in Spain through their Family Court having similar status as Indian Family Court, such decree of divorce was passed after considering all the merits of your case, both the parties were heard & their statements properly recorded by the foreign court & a proper judgment followed by the decree passed by such foreign court dissolving your marriage, then this will be a valid dissolution of marriage & the decree of divorce executable in India. Now should you get this decree of divorce declared as valid by the family court of India or not. It all depends on you or on the precondition as mentioned in such decree of divorce by the foreign court. Some foreign courts do put a condition in the decree to any such matter to become valid only after the Indian court or competent government authority gives its ascent of approval on such decree. In such a case you have to file an application in the Family court of competent jurisdiction as discussed above in India to get the approval & validation of such decree of divorce. Otherwise it is entirely on both of you to go in for Indian court validating such foreign divorce decree or not, for all purpose you both can proceed for second marriage if such foreign divorce decree was obtained keeping in mind all the prerequisite conditions as mentioned in section13 of the CPC. Try using the Foreign Family Court divorce decree for both these purposes if the Indian government/authorities don’t agree then get this decree validated by Indian

 

Advocate Prachi Singh

+91-9811114265

www.legesjurisassociates.com

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2 thoughts on “USA-Divorce Decree is Valid in India ?

  1. Dear Maam,

    my name is prachi sharma form lucknow
    maam mai bahut problam me hu aur aapki ek help chahiye.maam meri shaadi 21-oct2013 me hui hai aur fir ek baby hua hai 2014 nov me.maam merI problam ye hai ki mere husband pahle se hi married the unki shaadi ko 11 saal ho gaye hai magar ye us ladki ke sath 11 saal se nahi rah rahe hai.aur na hi usko devour diya hai abhi tak usse koi baby bhi nahi hai magar vo mere husband ke hi ghar me rah rahi hai apne sasur aur devar ke sath meri saas bhi pichle 1 saal se apne ghar me na rah kar mere husband ke bade bhaiya ki sasural me rah rahi hai.mujhe apki help chaiye vo ye ki mujhe mera haq mil sake aur aur mere bete ko bhi

  2. I prachi ji
    I want to take divorce. M fully upset wd my relarion.
    Our marriage was on 2012. Almost 4 yrs completed. But inthese four years I have been gone through wd many phydical ad mental harraaement. For sime times things r unfer control and I feel it will be ok. Bt after some time it becomes very disaster and I want to finish myself or my relation.
    My husband use to drink and is never under control after drinking.
    I need your help.

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