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srk (Service)     22 August 2016

Is foreign divorce accepted in india

Experts, Thanks for helping me through my case, its been 5 years and atlast the opposite party have agreed for a settlement, Though i dont want to pay them but with the current parameter it will be wise to pay. 

1. My Divorce was finalized in USA around 4 years ago, she partially contested, Do I have to go through another divorce in India?

2. Will there be a cooling off period of 6 months even now? after we have been seperate for more than 5 years.

3. Do both the parties needs to be physically be in the court to sign the final divorce? want to avoid the travel for now.

3. Can both the parties ask the judge to honor the divorce in USA instead of filing another one, as both the parties are in agreement now.

Thanks in advance, SRK


 11 Replies

adv.bharat @ PUNE (Lawyer)     22 August 2016

Dear SRK since u had taken divorce 4 years back no need to take divorce in India 

As divorce is happende then no question of 6 month cooling is require.

Both party must be present in the court for divorce sign agreement.

It up to u what to request the judge then act accordingly.

If u like my solution then pur THANK  on my LCI profile.

1 Like

saravanan s (legal advisor)     22 August 2016

Where did your marriage happen.if it's in India then if the divorce you got from the foreign court is mutual it's valid in India.otherwise you need to apply for divorce through Indian court.
1 Like

srk (Service)     23 August 2016

Thanks Bharat and Saravanan for you advice and time.

Marriage happened in India, Foreign Divorce wasnt MCD, she partially contested but never accpeted the divorce. now we have come to an agreement and ready for MCD. as per what i have learn, I still have to go with Indian Divorce.

Thanks for your help



N.K.Assumi (Advocate)     23 August 2016

Check out whether US is presently a "reciprocating Territory". As far as I know, Canada and UK are among the list of countries declared as reciprocating territories but not US by notification in Indian Official Gazette.Judgment of non-reciprocrocating territories can be enforced only by filing a suit in Indian courts for a judgment based on foreign judgment.

1 Like

saravanan s (legal advisor)     23 August 2016

now if you want to apply for mcd then you need to make a joint petition for mcd and appear for first and second far as the cooling of period is concerned only the apex court has the right to waive it off in special circumstances

1 Like

Sidharth   23 August 2016

Foriegn divorce degree is valid unless challanged in india.

1 Like

srk (Service)     23 August 2016

Thanks Asummi and Saravanan, learnt something new today, as you have mentioned US is not in the list of Reciprocating territories of India, source below


Judgments from "non-reciprocating territories," such as the United States, can be enforced only by filing a lawsuit in an Indian Court for a judgment based on the foreign judgment. This type of lawsuit must be brought within three years of the original judgment and the original “foreign” U.S. judgment is considered evidentiary.
so there is a chance that this is going to work if the court accepts the divorce case as per the statement above.

Thanks a lot for you suggestions


Hi ,

You have mentioned that your divorce was partially contested, does that mean that your spouse was present at the divorce hearing in US?  If she was present then the verdict is valid and it will be hard to contradict in Indian courts.

Problem with Foreign divorce validity is usually when one party is absent during the decree and claim in Indian courts that they were not given a chance to have their day in court.

Hope this helps

1 Like

srk (Service)     25 August 2016

Thanks James and Sidharth for your valuable suggestions.

when i said partial, she was living with her brother in US and when divorce summons were served , she ignored them and left to India and claimed in a statement to US court that the she wasnt present at that address when the summons were served and later filed 498a etc cases against me and my family in India. her brother contested the case in US that she wasnt living with him at the serving time, She also sent the 498a case details to the judges in US court in which she claimed that she was living with her brother even after the summons were served, judges noticed the contradicting statement and ruled in my favor and grated divorce decree, she appealed twice and court deicded in my favor. 

James in my case she chose to not persue the case at all and also submitting contradicting statements. do you think my divorce is still admissible in the court?



Unfortunately it can be challenged, but there is a high probability the judge will rule in your favour especially since it has been 4 years.

Points in your favour

1. It has been four years ( she had a chance to appeal earlier )

2. She was residing in US

Also if you are a US citizen, that would be in your favour.

I was in a similar situation, the judge looking at my case accepted my overseas divorce. Its just that your ex can cause you some inconvenience by delay tactics in indian courts.

If you plan to remarry do so without much publicity because it would be hard to challenge after your marriage has taken place, then she wont have much say, specially to the question as to why she waited this long to challenge

Sidharth   28 August 2016

Yes, its is challangeable in india.

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