Legal Question in Family Law in India

Validity of divorcee decree from another country

My husband lives in India, I live in the U.S (California). We have been separated for 5 years and I know wish to divorce. After my california divorce is entered, if I should decide to remarry in India, will my divorce decree from the state of California be valid and recognized by India?


Asked on 3/19/01, 8:46 pm

2 Answers from Attorneys

Avik Saha S.Jalan & Company

Re: Validity of divorcee decree from another country

The Civil Procedure Code deals with execution of decree passed by the courts in reciprocating territory. It provides that where a certified copy of a decree of any of the superior courts of any reciprocating territory has been filed in a district court, the decree may be executed in India, as if it had been passed by the District Court. So, the decree of divorce passed in California will be valid and be recognized by India if the USA is declared to be a reciprocating territory by the Central Govt. vide a notification in the Offiial Gazette.

Read more
Answered on 11/10/01, 8:52 am
Satish Maheshwari Vakilbabu

Re: Validity of divorcee decree from another country

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards and happy new year

Satish Maheshwari.

Read more
Answered on 6/05/01, 3:25 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India