What is the impact of Ex-parte Divorce Decree granted by Foreign Court for Indian couple?


If a couple gets married in India, but a court in the United States grants an ex parte decree granting a divorce, will that decision stand in India? Will the couple remain divorce?


Divorce granted by the US court may be challenged by party who was absent at us court in an Indian court which may refuse to recognize it in view of the fact that it was granted by the US court in the absence of such party. This is a possibility which is inherent in every divorce granted in default by a court outside India. Indian courts are not bound by the judgment of a foreign court. If the judgment of US court is not sustained by the Indian court it will imply that marriage subsists for all legal and practical reasons.

Disclaime: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at legalforum.in and has been responded by one of the Lawyers at legalforum.in to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at legalforum.in or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.


The partner who got exparte divorce in USA is free to marry a new partner in USA. You might have issues living in India but partner is not obliged to listen and go ahead for marriage in USA. No Indian Law can stop her. You will have to challenge her exparte divorce decree in US court.