Married in india and divorced in usa - cancel registration


A person married in India and optained Divorced (mutual) in USA.  Is there a chance of canciling the Marriage Certificate on the basis of the orders of USA court, with out the phisical appiernce in Indian Court.   Any one can suggest..........................

 
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Advocate

The USA decree of divorce obtained by mutual consent by both parties by surrendering to the jurisdiction of the USA court is sufficient and valid proof of divorce no further document required to get remarried in India. There is no such process to cancel the marriage certificate, decree of divorce from the competent court is good enough proof of the person to remarry in India.

 
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Business

All facts need to be known to understand if it can be challenged. Was it contested by both parties? Which law was applied? Was the law significantly different than the applicable law in India? (Also U.S. marriage/divorce laws vary across states).  Were both parties given fair opportunity to contest or participate? How much time has passed since the U.S. divorce decree?  Did any of the parties remarry thereafter and if so, did the opposite party raise a timely objection? What was the domicile of the parties at the time the U.S. divorce decree was passed? Were domiciles the same?  Domicile is not a simple issue of presence for a short time....

And so on... 

A good advocate has enough prima facie grounds to challenge it in India.... Whether he will win is a different issue.

Disclaimer: I am not a advocate.

 
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Advocate

When the parties agree to submit to foreign court jurisdiction and as it was in thus case, divorce by mutual consent taken by both where is the question of any of them challenging the decree of divorce in Indian court. Delhi High Court judgment on this very fact held foreign decree taken by both in divorce by mutual consent cannot be challenged in India As far the issue of domicile of foreign country or Indian domicile of the parties are concerned, yes Hindu Marriage Act,1955 applies to Hindus domiciled in India even though may be living outside, but if both Hindus domiciled in India themselves surrender to foreign court's jurisdiction than that cannot be challenged later on by any of them on the ground of domicile of India. The Supreme Court in Y. Narsimharao case held this. You both went for divorce by mutual consent in a foreign court through foreign court, it was your own decision no one forced or influenced you for this so now none of you can come and challenge it in Indian court. You divorce is absolutely valid in India.
 
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