quesMarriage Registered in India / Divorced in US

Hi, One of my relatives got married in India but is now getting divorced in USA. She and her husband moved to USA a few months after the marriage and filed for separation after they were in US for one year. They have been living separately in US for past one year. A US court is about to grant them divorce but I want to know if that divorce is applicable in India or do they need to do any additional proceedings in India. As of now the divorce is happeing mutually. Please help!

  • ansForeign Judgment is valid in Indian Courts provided if it is adjudicated in accordance with principle of Natural Justice and equity. And moreover since both the parties have mutually applied for divorce, there won't be any problem.

     

  • ansSection 13 of the Code of Civil Procedure, 1908, provides that a foreign judgment shall be conclusive if it has been pronounced by a Court of competent jurisdiction. As per guidelines issued by the Hon'ble Supreme Court, a foreign Court in a matrimonial dispute matter must pass an order in accordance with the Law under which the parties have married notwithstanding exception under certain cases. All marital dispute have to be dealt as per the provision of the law under which the marriage took place thus if the foreign decree complies with the guidelines of the Supreme Court in matrimonial dispute matters then the same would be valid in India. The divorce must be filed under the grounds valid for divorce under the Hindu Marriage Act and must not be contested by either party in India.

    Advocate Praneeta Sharma

      Saiyad Ul Ajaib, Delhi

  • ansForeign Judgment is valid in Indian Courts provided if it is adjudicated in accordance with principle of Natural Justice and equity. And moreover since both the parties have mutually applied for divorce, there won't be any problem.

    Advocate Jagadish N

      Adugodi, Bangalore

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