Is divorce by US court valid in India?
Will divorce obtained in USA by US Resident not be accepted by Indian court
While a US divorce would be proof of divorce worldwide, problems can arise in India if one of the spouses decides to contest the US divorce in Indian courts. In case the marriage took place in India and the marriage involved an Indian citizen, then courts in India may not accept the validity of the US court. Any judgment made by a foreign court which an Indian court may consider to be founded on breach of Indian law may be considered to be null and void in India. If a marriage took place in India say under Hindu laws and a divorce is obtained in USA, then one spouse can contest the divorce in India. Unless the divorce is mutual and both parties agree, it can be challenged. To avoid problems at a later date, sometimes it may be better for Indian citizens to get a divorce in India. In case of a complaint, Indian courts may not accept the US divorce and consider the person to still be married in India if the marriage took place in India and at least one of the spouse is an Indian citizen. In case children are involved, despite the ruling of US court on custody, the other parent may also file for custody in India. It is best to consult a lawyer regarding these matters to avoid problems later.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has
been stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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Is divorce by US court valid in
India?
Will divorce obtained in USA by US
Resident not be accepted by Indian
court
While a US divorce would be proof of divorce worldwide, problems can arise in India if one of the spouses decides to contest the US divorce in Indian courts. In case the marriage took place in India and the marriage involved an Indian citizen, then courts in India may not accept the validity of the US court. Any judgment made by a foreign court which an Indian court may consider to be founded on breach of Indian law may be considered to be null and void in India. If a marriage took place in India say under Hindu laws and a divorce is obtained in USA, then one spouse can contest the divorce in India. Unless the divorce is mutual and both parties agree, it can be challenged. To avoid problems at a later date, sometimes it may be better for Indian citizens to get a divorce in India. In case of a complaint, Indian courts may not accept the US divorce and consider the person to still be married in India if the marriage took place in India and at least one of the spouse is an Indian citizen. In case children are involved, despite the ruling of US court on custody, the other parent may also file for custody in India. It is best to consult a lawyer regarding these matters to avoid problems later.
