Is No Fault Divorce granted in USA applicable in India
02-Oct-2023 (In Divorce Law)
I was married 6 years back under the Hindu Marriage Act in India. Later, both of us moved to USA for our PhDs. We have been PhD students in Illinois, USA for the previous 4 years. We agree that our marriage has not worked and want to end the marriage. The state of Illinois in USA follows No Fault Divorce. The only ground for dissolution is that irreconcilable differences have caused the irretrievable breakdown of the marriage. I wanted to know that if we apply for the No Fault Divorce in Illinois, USA, will it be binding in India too? Or, at a later stage the vailidity of divorce can be contested in India by either of us?
Under code of civil procedure foreign judgment and foreign court has been described ,this case too will govern by the procedure of civil code .As far as your case is concerned the validity question could only be challenged under six clauses define under the code with that the interpretations attached to it through various ruling of the court ,in short it's valid but could be challenged .Its advice able to the couple married in India having Indian citizen to get divorce in India only ,although they can get divorce in the country of residence with certain expections as framed by apex court from time to time .If any further query ,feel free to put forward your questions ,it's always welcome .
The status of the divorce filed in usa is very much depend upon the status of your citizenship if the couple is NRI then any one can challange it in india the validity can be challanged in india too
No fault divorce petition in US is just like petition of divorce by mutual consent in India. The divorce once taken from the US court is effective and valid in India. It can not be contested in India unless it is without the consent of one party. It means if both husband and wife seek divorce jointly then it can not be challenged by either party.
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