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Can a hindu couple legally married in India get a divorce in US
14-May-2023 (In Divorce Law)
Can a hindu couple legally married for the past 5 years in India get a divorce in New York USA. Is it legally valid in India. Is there any other procedure to be completed in India . The couple has no children
Hi
They can get divorced by a competent court in USA.
Under Sec. 13 of the Code of civil procedure, a foreign judgment is conclusive and will operate as res judicata between the parties there to in the cases mentioned therein. In other words, a foreign judgment is not conclusive as to any matter directly adjudicated upon, if one of the conditions specified in clauses (a) to (f) of section 13 is not satisfied and it will then be open to dispute.
Pratap, Advocate
They can get divorced by a competent court in USA.
Under Sec. 13 of the Code of civil procedure, a foreign judgment is conclusive and will operate as res judicata between the parties there to in the cases mentioned therein. In other words, a foreign judgment is not conclusive as to any matter directly adjudicated upon, if one of the conditions specified in clauses (a) to (f) of section 13 is not satisfied and it will then be open to dispute.
Pratap, Advocate
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Adv. Pratap Kumar
Bangalore | 200+ Answers
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No chance you have take divorce in In Jurisdiction of you are living on nay address prof to showing area only . if both are agreed its easy to take divorce by mutually . no valid in India.
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Adv. Prabhakara Gujjar H S
Bangalore | 25+ Answers
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Yes there are procedure that if both party agree or any one , he may file for divorce , Indian law is flexible in this and hence , you should consider the aspect and your label of contesting at USA , but don't expect that Indian law had any authority to control to comply the order of USA divorce suit , hence think before ink .
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