Legal Question in Family Law in India
Hello,
W.r.t my earlier question dated 27 aug 11 as below:
'Hello,
My family is considering a arrange marriage proposal. The boy and my sister are both divorced once.
The boy was married in India (as per hindu ritual) and then he registered his marriage (legally registered) in US, where he was living and working earlier. He has obtained divorce in US. Soon after that he has shifted to India. Does the law require him to obtain a divorce in India as well. Or is the divorce decree obtained from US court means the marriage in India is also no more legally valid. If my sister marries him, will her marriage with him be legally acceptable.
Please help me understand the consequences of this for my sister.
Thank you.
Best Regards,'
The divorce in USA between the boy and his ex wife was not by mutual consent.
Does the implication in India change depending on whether the divorce in USA is by mutual consent or contested?
Thank you
Best Regards
2 Answers from Attorneys
It does because the boy and the girl were married under indian laws and are suppose to get Divorce under the same law. If the ex wife has challenged the jurisdiction of USA court for divorce and subsequently the boy has got divorce , the divorce according to Indian laws is null and void and has no legal sanctity .
the boy should file a suit u/s 13 of civil procedure code for authenticating his decree pronounced by US courts. after Indian courts accept his decree being in consonance with the conditions mentioned therein, the boy may remarry here otherwise he would be held guilty of bigamy.
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