Is it necessary & mandatory to get the divorce in India also?
This is a discussion on Is it necessary & mandatory to get the divorce in India also? within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My son got married to a Hindu Punjabi girl in 2004. They registered the marriage in USA but not in ...
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My son got married to a Hindu Punjabi girl in 2004. They registered the marriage in USA but not in India. They want a mutual divorce and are likely to be granted one in USA. Is it necessary & mandatory to get the divorce in India also?
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#2 |
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Top Level Member
Join Date: Dec 2009
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I wish to inform you that if a divorce has been taken in USA then the foreign divorce will be valid in India. India recognizes foreign divorces. Your son will be required to take a divorce if the divorce decree is obtained or is based on any of the clauses (a) to (f) of Section 13 of Civil Procedure Code in India. Section 13 provides following grounds in which a foreign judgment will not be regarded valid:
(a) when Court of competent jurisdiction has not pronounced the judgment; (b) when judgment has not been given on merits of the case; (c) where judgment appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable; (d) where the proceedings in which the judgment was obtained are opposed to natural justice; (e) when the judgment has been obtained by fraud; (f) when judgment sustains a claim founded on a breach of any law in force in India. Hence if divorce decree is not hit by any of the clauses of Section 13 then it will be valid decree and there will be no new need of taking divorce in India. AFF Last edited by AFFA; Apr 1st, 2010 at 12:57 PM. |
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