LawRato

Indian citizens who got divorced in USA


16-Nov-2023 (In Divorce Law)
1. We ( me and my wife ) are Indian citizens who got divorced in USA should we register our Divorce granted by the California court, USA. In India or in Indian Embassy. So that the verdict is final. 2. A divorce granted by the California, USA court is it valid in India. As part of the divorce settlement my daughter ( 14 yrs old ) gets to stay with me for 10 Months in USA and 2 months ( summer holidays ) with her mother in India. 3. My daughter is here in USA as she wanted to be with m
Answers (2)

Answer #1
680 votes
Dear Sir, Normally, such divorce is valid in India but many authorities and even prospective brides/grooms may raise doubt about its validity. Better to apply for mutual divorce under relevant provisions of Indian laws before Family Court and get it within next 1-2 months by waiving of cooling period of 6 months on the basis of your Divorce granted by California Court.
Helpful? LawRato LawRato
Answer #2
864 votes
if you both are Hindus then the divorce decree obtained in USA is not valid because only a court which recognises Hindu law can grant divorce to Hindu couple. As regards the custody and visitation matters regarding your daughter if both are agreeable the same order by a US Court maybe honoured. Thus, you have to obtain a divorce in an Indian Court.
Helpful? LawRato LawRato

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."