Whether divorce taken in US mutually valid in India?

Question

Whether divorce taken in US mutually valid in India?

19-Jan-2023 (In Divorce Law)

I got married and me and my wife are green card holders in the US. we want to get separated. we decided to take a mutual divorce. so do we have to come to India to take the Divorce. or the Divorce taken in US is valid in India as well.

Answers (3)

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Advocate Beena Menon LawRato · Accepted Answer · 2016-01-19T10:25:23+05:30

Answer #1

A decree of Divorce granted by a foreign court is not valid in India, and it cannot be ratified too. For validity by the Indian law, the divorce will have to taken through a grant of decree thereof by the competent Indian Court.

Adv. Beena Menon

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Advocate Aniruddha Prabhatkumar Pawse LawRato · Accepted Answer · 2016-01-20T00:15:02+05:30

Answer #2

Yes Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.

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LawRato LawRato · Accepted Answer · 2016-01-20T00:37:28+05:30

You can take a Divorce by Mutual Consent in the US itself in accordance with that particular law under which you have been married in India (i.e either Hindu Marriage Act, Special Act etc) . It will be recognised as a foreign decree in India.