• Uncontested no fault divorce validity in India

Me and my wife have been married for 10 yrs under Hindu Marriage Act 1955 and have been living in Singapore for last 8 yrs. unfortunately things have not been good, therefore we are applying for mutual consent divorce in Singapore family court. We are applying under no fault divorce and we have already aligned on the seperation of assets and jwelery. 
Please suggest if divorce obtained in singapore under no fault, is it valid in indian court or do i need to file seperately in india for divorce
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

The divorce decree of no fault ground is not a vaid ground for divorce in India ans hence the same would not be accepted in India as valid of your wife later challenges the same.

So I would advise you to apply for the mutual divorce in India only which takes around 6 months time. Only in the day of final hearing your physical presence required. At the time of applying it you need not be physically present.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) once divorce has been passed in singapre by mutual consent divorce decree would be valid in India

2) if you so desire you can make application to family court in india for declaration that marriage has been dissolved by singapore court decree

3) it is not necessary to file separate application in india

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. only the decree passed by foreign court on the ground acceptable by Indian Law is acceptable by Indian courts.

2. In the instant case, the decree of no fault divorce wherein both the parties appeared before the Court and agreed for the divorce without making any allegation against each other is considered as similar to mutual consent divorce as per Indian Law.

3. So, your instant decree of divorce will be acceptable by Indian courts/law provided you get the same foreign decree validated by the District Court in India.

4. You shall have to file an application before the District Judge in India praying for validating the said foreign no-fault divorce decree passed by the Singapore Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The issue is whether your husband is participating in divorce proceedings

2) if he participates divorce decree would be valid in India and you can have divorce decree validated by family court in India

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Hello,

I suggest that filing a suit for enforcement of the NO FAULT DIVORCE in India will be more tedious and time consuming for you, as law is settled with regards to this rather it will be appropriate for you to file a petition of mutual divorce in India only.

In case you want any legal help at any point of time you can contact me on +91 or you can write a mail to me at .

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

There is no method to validate the decree passed in abroad.

You will have to file a fresh application and get an order from court in India.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. Your no fault divorce petition shall have to be drafted in such a way that it appears as mutual consent divorce.

2. In mutual consent divorce petition also it is mentioned that their are vast difference in culture, temperament and customs between the parties and also that their is no complaint of the petitioners against each other.

3. In the above no fault divorce petition filed in foreign court, both the parties should appear and attend the hearing and agree for the said divorce.

4. However, after getting the above decree divorce from the foreign court, you shall have to get the same validated by a District Court in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Please suggest if divorce obtained in singapore under no fault, is it valid in indian court or do i need to file seperately in india for divorce

Another name for such divorce in Undid is a divorce by mutual consent.

A divorce proceedings in a foreign country which was properly participated by both the spouses and decree so obtained is very much valid and legal as per Indian laws.

You need not file a separate divorce proceedings once again in India.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

As we are applying for no fault divorce, what i understand no fault divorce is not valid in India because ‘irreconcilliable differences/irretrievable breakdown of marriage’ is not recognised in India as a ground for divorce.

The divorce in India will be recognized as divorce on the grounds of mutual consent, hence it is valid.

Can i still file an application before family court district in india for validation of no fault divorce decree passed by supreme court?

You cannot file any petition before family court or any court in India to validate a divorce decree obtained from a court outside.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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