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PI am an Indian Citizen (Male) who married a US Citizen (Caucasian Female) back in 2017, things happened, and I decided to return back to India three years back and am settled here comfortably in my career. My wife got a divorce granted by courts in the US last year and i have the documents with me. The marriage was never disclosed in India nor was it registered in India. It was registered and it legally ended in the US itself.
I want to not disclose this chapter of my life to anybody out here and marry fresh in India.
Will there be any challenges if I marry a girl in India when I go for registering my marriage here?
I need serious advice on this.
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SNot sure legally but morally it would be so wrong to hide something so serious. Totally rude and injustice for ur partner .
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PI haven’t yet made up my mind of this a 100% disclosing it however you know what a taboo divorce is in India. Significantly reduces chances of finding a good partner.
However, I do know it is morally not right at all.
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BLawyer here, based in Delhi.
If your US divorce was granted through proper legal proceedings where both parties had notice and a chance to be heard, and the grounds for divorce are recognised under Indian law (like cruelty, desertion, mutual consent), then Indian courts generally recognise the decree as valid. You do not need to do anything further to make it effective here.
However, if the divorce was ex parte or based on grounds not recognised under Indian law, then it may not automatically be valid in India. In such cases, you may need to file a declaratory suit in an Indian family court to get the foreign decree recognised.
Even if the marriage was not registered in India, your first marriage remains legally valid unless set aside. So, for your second marriage to be valid, the first divorce must also be legally recognised here.
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SThat’s considered as marital fraud. Marriages and divorces are usually recognized across borders. If you are divorced in US, you are divorced everywhere.
Meaning, you can’t fill out a form in India saying “never married”.
If you do that, and it’s found out, you are looking at serious prison time in India. Not US. And also US if you ever set foot here. -
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UYou would need to declare your marital status before marriage.
Bachelor and Divorcee is not the same thing. Checkout the link below.[https://www.indiafilings.com/learn/wp-content/uploads/2018/04/Marriage-Registration-Form.pdf](https://www.indiafilings.com/learn/wp-content/uploads/2018/04/Marriage-Registration-Form.pdf)
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