Is a divorce in USA valid in India?

Question

Is a divorce in USA valid in India?

Answer 1

Validity of decree of divorce obtained from USA court depends on the provisions of Section 13 of the Civil Procedure Code & well recognised principles laid down by the Supreme Court of India for the validity or applicability of any foreign court's order/judgment/decree in Indian courts. First let’s see what section 13 of C.P.C. States: - A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

Now let us see what principle are laid down by the Supreme Court: - "The jurisdiction assumed by the foreign court as well as the grounds on

which the relief is granted must be in accordance with the matrimonial law

under which the parties are married. The only three exceptions to this rule

were also laid down by the Court itself as follows:

(i) where the matrimonial action is filed in the forum where the respondent is

domiciled or habitually and permanently resides and the relief is granted on a

ground available in the matrimonial law under which the parties are married;

(ii) where the respondent voluntarily and effectively submits to the jurisdiction of

the forum as discussed above and contests the claim which is based on a ground

available under the matrimonial law under which the parties are married;

(iii) where the respondent consents to the grant of the relief although the jurisdiction

of the forum is not in accordance with the provisions of the matrimonial law of

the parties.”  In your case if the person/petitioner (at least) who filed the divorce petition in the USA court was resident of USA. The other party/respondent agreed for the USA court to hear the petition on the similar ground available under the matrimonial law under which the parties are married & decide the matrimonial dispute. Then if the USA court granted decree of divorce as a relief to the petitioner then such decree will be legally valid in India. The USA divorce can be challenged in the Indian court provided any of the laid down principle or the condition as stated in section 13 of C.P.C has been infringed. The whole proceedings of the divorce case in the USA court will be studied to ascertain its validity in India. Any issue short means that USA divorce is not valid I India. It has been seen in many cases where various High Courts in India & the Supreme Court of India held foreign divorce as invalid in India because they were not granted according to the set principles as laid down by Supreme Court & provisions of section 13 C.P.C.

Answer 2

a divorce is  valid anywhere in the world as long as it is issued by the legal system in that country

even if you were  married in india and divorced in the usa the indian legal system will have to ( as it runs under british law) recognise it ....they cannot stipulate that because the marriage  was  carried out in india the divorce has to as well

divorce is based in residency at the time and no law can require you to go to your country of marriage in order to obtain a legal divorce this would discriminate against those who are ill able to afford it

bottom line divorce in usa valid everywhere even india and dont let the bast%*^*  tell you otherwise

Answer 3

Yes, if you get divorced in US, it is valid in India.

Answer 4

Yes.

Answer 5

Yes, If the marraige was not done in India.