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 ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Apr 1st, 2010, 09:16 AM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Is it necessary & mandatory to get the divorce in India also?

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?
  Reply With Quote
Old Apr 1st, 2010, 11:05 AM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 12,922

Default Re: Is it necessary & mandatory to get the divorce in India also?

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.
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 1 reply and has been viewed 534 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Divorce Laws In India (Grounds for Divorce) legalserviceindia Domestic Violence & Abuse 24 May 14th, 2013 02:32 PM
Get Divorce - Married in India, Divorce in the USA Unregistered Other Family Law Matters 4 Apr 3rd, 2011 11:07 AM
NY - Divorce for US H-1 Visa Holders, US Civil marriage & religious marriage in India Unregistered Divorce, Separation, Annulment 0 Mar 29th, 2010 03:41 PM
Married and registered in India, Is US divorce valid in India? Unregistered Divorce, Separation, Annulment 5 Nov 22nd, 2009 01:19 PM
India & UK strengthen tech links with WMG & CII tie-up Metropolitanjury International Law News 0 Jun 24th, 2008 06:36 AM


International Law Issues?


All times are GMT -5. The time now is 06:27 AM.