Q: My son, then a Green Card holder, got married to an Indian girl and got the marriage registered in US in May 2009, This was followed by marriage as per Hindu rites in India in Jan 2010, My son got US citizenship in Sep 2012. The marriage did not work out and they applied for divorce in Jan 2013 on mutual consent in US California. Judgement was delivered in Oct 2013 accepting the divorce.
My questions/apprehensions are:
a) Is the Divorce judgement by US Court valid in India
b) Do we have to do anything in India to get the judgement registered in an Indian Family Court before we go in for the second marriage
c) Is my son free to remarry now either in India/US
d) We intend to return the Gold jewellery etc presented to the girl by her parents/family, to her parents. Do we need to engage a lawyer in India, in whose presence we should do it so as the girls parents are residents of Delhi. The girl is still working in the US.
e) Do we have to do any legal formalities here in India so as to avoid any complications at a later date.
A: Personal law of a person travels along with a person, so as a matter of fact when obligations of a person in relation to succession and marriage his personal laws will follow, however the good part as your sons marriage was as per mutual consent and I feel that if so the adversary will not bother much in relation to the remarriage as they have accepted the Jurisdiction of another Court, however India does not have a treaty with the US so as to the Decrees Passed in court of law in each sovereign nation. However as a matter of public policy foreign Judgements are Presumed to be Correct and True.
Secondly a suit can be filed for the purpose of avoiding any complications as stipulated, the Adversary can give no objection and the Decree will be given legal Sanctity, firstly your son will be able to remarry without any legal hassle in India, second before the Court itself you can give the Articles of Gold back.