U.s divorce valid in india ?

@ dr g balakrishnan

Quriest her self has fjied divorce in US and she is asking if her ex doesn't challenge it in india. then it is valid or not.

Sir/Madam,

With due respect, a marriage solemnised and registered in India, needs a divorce decree from an Indian Court, for a divorce to be legally effective.

Good Luck,

Kishor Mehta

The similar query has been discussed in other threads e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=138292&offset=1

>>> Sidharth was pointing towards th right prspective.

>>>  Thus judgments delivered by courts (say) in England, France, Germany, USA, etc. are foreign judgments. Sections 13 and 14 enact a rule of res judicata in case of foreign judgments. These provisions embody the principle of private international law that a judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian court and will operate as res judicata between the parties thereto except in the cases mentioned
in Section 13. 

C.P.C:Sec. 13: NATURE AND SCOPE:  A foreign judgment may operate as res judicata except in the ...............cases specified in the section 13 and subject to the other conditions mentioned in Sec. 11 of C.P.C. The rules laid down in this section are rules of substantive law and not merely of procedure. The fact that the foreign judgment may fail to show that every separate issue, such as, the status of the contracting parties, or the measure of damages, was separately framed and decided, is irrelevant unless it can be shown that failure brings the case within the purview of one of the exceptions to Section 13.

>>> If the  divorce was decreesd in USA on grounds recognised by HMA,then it might be valid in india.

Mr. Kishore Mehta has posted another pointer.

As I said before " Foriegn decree valid unless challanged in india"

Means "When two person contest a case in foriegn country and both accept the judgment of that court then it is valid in india and qureist need not to do anything"

Dear Client,

All foreign judgements which are based on the points which are well recognised in Indian laws are enforceable in India also.

As such your divorce decree has been passed on a mutually consented divorce petition it is well recognised in India. And thus you need not to do any thing.

However in case you are to ensure it you can file an execution petition in a competent court of jurisdiction as such in divorce cases it is where the marriage has been solemnised between the parties Or where ( the Place) they have last resided together Or where the wife resided after separation at present.