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Mutual Divorce in USA is it legally binding in India?


17-Jul-2023 (In Divorce Law)
Hi,nWe got married in Kolkata and now permanent residents of USA (not Citizen). nFirst question is if we file for mutual divorce in USA, will the decree legally binding in India?nSecond question, we have a property in India which we will divide equally, if we make an agreement of attached to the decree is that legally binding in India?nThird question, do we have to file again in India based on the decree we have in USA?
Answers (4)


LawRato

Answer #1
987 votes
dear client as per your query since you both got married in Kolkata so you can apply for divorce in Kolkata but your both signature is needed as you both are filing for mutual divorce it will probably take six months in India ...
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Advocate Priyanka Singh

Adv. Priyanka Singh

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Answer #2
565 votes
Dear client, welcome to Lawrato. You have given a query where all the facts is not mention. To resolve/answer a query entire facts, papers, documents, evidence etc is needed. You can contact us via phone or whatsApp.
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Advocate M Das

Adv. M Das

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Answer #3
553 votes
Firstly you people are married in Kolkata that is India so you cannot file divorce in US and if you if you need to file it in your is your restriction not where you are only living you are living outside India that doesn't mean that you can file anyways say you if you are after marriage if year where is your own material house there you can marital house sorry there you can file sure decree of divorce and for more details contact me
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Advocate Srijani Das

Adv. Srijani Das

LawRatoKolkata | 25+ Answers
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Answer #4
785 votes
the decree of usa would be only an admissible evidence and by citing the same a declaration can be obtained from our domestic courts. yes if the decree in usa gets declared by a domestic court then the terms of the decree would be automatically binding. I think you already know that there is no automatic binding but a suit has to be filed in india based on the decree obtained from usa court. Tanmoy Chattopadhyay, M.Sc (Net), LL.B(Delhi), Advocate, High Court, Calcutta
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Advocate Tanmoy Chattopadhyay

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