LawRato

Can NRI Couple get divorced in US and do remarriage in India later


27-Nov-2023 (In Divorce Law)
My daughter on H4 Visa ,is presently residing in US and applied for divorce there due to domestic violence indulged by Spouse on H1B visa. The DV case is under hearing there. The Divorce is applied under "No Fault Divorce/ Irreconcilable Differences" category What I want to know is, will the Divorce order we obtain in the US court sufficient to annul the marriage in India and we can go for remarriage in future legally. The marriage was done in Chennai as per Hindu traditions and registered under Tamilnadu Registration of Marriages Act 2009 in Dec 2019 and both are Indian citizens.
Answers (3)

Answer #1
938 votes
Not at all valid. The cause of action arose at Chennai. DV and Divorce has to be applied in Chennai only. The marriage was held at under Hindu rites and rituals, so at Chennai onlycontact me eight seven seven eight seven four zero five three four

Answer #2
631 votes
Foreign divorce order will become valid in India only after the order is ratified by the Indian court. It is a straightforward procedure and cannot be overlooked if the divorced spouse wants to get married in India. There will not be any problem if remarriage happens in USA.
Answer #3
825 votes
The court further noted that the man has not paid any maintenance to the woman and has thus created such a situation that the woman is unable to defend the divorce proceedings initiated in the UK.

Court observed that the man, in his petition before the UK court, sought divorce on the ground that the marriage has broken down irretrievably and also on the ground that the woman has alleged to have behaved in such a way that he cannot reasonably be expected to live with her.

Bombay high court ruled that as per Hindu marriage has been registered india so has approach court nullified the degree

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."