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nri_male (S/W Engineer)     10 April 2017

Using US IRBM Ex-parte divorce in India for mutual consent divorce

Hi, I obtained US ex-parte divorce a couple of years to which my wife in India refused to reply to accept jurisdiction. She continues to live in India and now after 2 years she is willing to settle for mutual divorce. I do not want to start another mutual consent divorce in India. No pending criminal cases filed by either side. 

1. I would like to know if I can have her accept my US divorce in court so that we do not have to again file a mutual consent divorce in India and can have the 6 month mandatory waiting period waived ? 

2. If the answer to #1 is yes, do I have to be physically present in India for her to accept the US divorce through court procedures ? 



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 4 Replies

Sachin (N.A)     10 April 2017

Originally posted by : nri_male
Hi, I obtained US ex-parte divorce a couple of years to which my wife in India refused to reply to accept jurisdiction. She continues to live in India and now after 2 years she is willing to settle for mutual divorce. I do not want to start another mutual consent divorce in India. No pending criminal cases filed by either side. 

1. I would like to know if I can have her accept my US divorce in court so that we do not have to again file a mutual consent divorce in India and can have the 6 month mandatory waiting period waived ? 

2. If the answer to #1 is yes, do I have to be physically present in India for her to accept the US divorce through court procedures ? 

 

When you have already divorce decree there is no point in approaching Indian court for the same. Just ask her to update / renew her passport and mention the marital status as " Divorced", It will be the proof that she has accepted the US divorce.. 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     10 April 2017

Your US decree being ex-parte, your wife still have some valid grounds to challenge it in Indian Courts.  But as your wife agreed for MCD, you put before her one option - she will file divorce decree of US in Indian Courts and get it validated.  By that you need not come to India and you both have  divorce decree which is valid both in India and US.  If she insists for MCD, the court will insist your presence two times for granting divorce decree on the ground of mutual consent. 


(Guest)

Nowadays courts have been accepting your presence through Skype. Ask your advocate to request judge to allow it. The judge will ask you to identify your wife, parents etc. in court over skype as a substitute to the physical presence requirement. This is not common practice yet, but has been started in a few courts.

nri_male (S/W Engineer)     11 April 2017

Thanks for your reply. In my case, I am also paying a settlement amount, so not sure if she can file for validation just by herself. Is there anyway we can agree on a settlement amount and mutually file for validation of US divorce along with a final settlement amount without my presence ? Please note no alimony was given in the US divorce as it was a very short marriage so this settlement amount has to be mentioned in the case for US divorce validation. 


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