Got divorced in US how to get it registered in India

739 votes

No need of any registration of foreign judgment, as it is under mutual consent and the same is binding on both of you, as both have consented for the divorce mutually. Hence, no further procedure/process is required in your case.

Advocate Vikram Chandra LawRato

901 votes

The divorce obtained by you in U.S. court is valid. As you people have again got married in Feb, 2016 according to Indian Hindu marriage so you have to come down to India and file the papers before the proper court and after the mandatory period is over the court in India will grant you divorce by mutual consent. You are supposed to attend Indian courts for filing the same.

Advocate Dwara Pallavi LawRato

964 votes

In India there is no procedure to register the divorce. If you need a divorce you have to file divorce petition under Indian matrimonial laws. As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.

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.

If his wife has accepted the authority of US court, it cannot be open to her to later question the authority of the US court.

The jurisdiction assumed by the foreign court as well as the ground on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may Le as follows:
1 where the matrimonial action is filed in the forum where the respondent is domiciled habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married;
2 where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married;
3 where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties



Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognized and valid in India. 2. Even contested divorce on the grounds of Cruelty /Adultery / Desertion / Impotency (are grounds that Indian Law recognizes, so if the divorce is granted on these grounds – The decree is valid in India. Please note that in such a case it need not be validated in India by filing a suit or anything. It is the burden of person challenging the decree to discredit it.

Besides this several other points has to be considered such as
1. Domicile of the Husband
2. Domicile of the Wife
3. Whether Mutually consented or Wants to contest.
4. Exparte Decree
5. Contested Decree
6. Whether the ground urged is recognized by the Indian law.
7. for 13(b) 1 year desertion prior to decree.
8. 6 months observation Period
And other relavant things has to be considered.

Advocate Raghavendra Rao Yakama LawRato

764 votes

Dear Client,
In India Divorce will be granted on mutual consent by filing an application before the court by both the parties to the matter and they should present. Court will give ample time i.e., 6 months to reconsider the matter. After six months if parties to the case did not unite, court will grant order of divorce by dissolving their marriage. Both must sign and present before the court. Your Divorce order that was obtained has no recognition in Indian Court unless there is an agreement between U.S. and India in International Agreement. Some Courts in India will dispense with 6 months time for granting divorce order. It is not possible to file a case under mutual consent for divorce without presence of parties. Both of the parties to the petition must present. You both must present before the court and file a common petition for grant of order of divorce. You may engage a lawyer on line, but you should present before the Court. You must submit documents regarding your presently residing at the court where you file petition to grant divorce. You must satisfy the court that you voluntarily reside within the Jurisdiction of the court where you file petition for grant of order of divorce.

Advocate Sistla Rama Krishna LawRato