speedster123 (nil) 27 January 2016

Usa divorce india confusion

Hello Friends ,

A friend of mine a divorcee & who resides in USA is wanting to marry a divorcee girl.
The girl who got married 6 years ago in India got the marriage registered in India before leaving to the USA along with her ex husband .
After staying there for 3 months , came back to India .

Her ex husband filed for divorce in the USA courts .Since she did not respond or attend the USA courts , the USA court passed the decree of dissolution of the marriage .

It has been 5 years from now since she got the decree of dissolution of marriage via email from USA courts.
The marriage was not legally called off in India .

Now she wants to marry my friend who is in the USA in India , will this cause a problem .

Request your inputs .
Many thanks

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 January 2016

foreign court orders are not valid in India. Similarly Indian court orders are not valid in foreign countries.

Vijay Raj Mahajan (Advocate) 28 January 2016

No problem as she has already acknowledged her divorce granted in USA by not challenging it in Indian court, she is legally divorced in India too and can remarry.

The Foreign divorce decree is valid in India under section 13 CPC unless it is challenged by either parties on the ground that it infringed the clauses as required under section 13 CPC, if both parties surrender to jurisdiction of foreign court according to the laws and procedures followed there, as in this case than none of them can challenge it in India, The Narsimaharao judgment of the Supreme Court of India is very clear on this issue.