I'm an indian citizen married to a man born and brought up in UK. We married in the year 2009 and I have never been to the UK since our marriage. We have been separated since august 2011 & I have now been divorced with my husband as of 30th august 2013. My husband had filed for a divorce in UK, so I have a divorce decree granted by the Nottingham County court. Will this decree be acceptable in India or do I need to file for a divorce case in india all over again. I need to get my name updated to my maiden name after this divorce. So please advise if this foreign decree is valid in india or else what is the alternate procedure to get a certified copy of this decree to help in my name change.
Asked 4 years ago in Family Law from Mumbai, Maharashtra
where was marriage solemnised ? were you served with the summons ? did you participate in the divorce proceedings ? on what grounds divorce was granted?
if you have participated in divorce proceedings and it is on ground recognized under Hindu marriage Act divorce decree would be valid in India
The grounds of divorce in India and UK are not the same. Did you receive a court notice from the Nottingham County Court? Did you engage a lawyer to contest the divorce case filed by him in UK? Anyhow, unless you challenge the decree of divorce in the Indian court it remains valid. In order to prove that you are no longer married to him you will need a certified copy of the judgment passed by the court, which can be procured only from the court in accordance with the procedure laid down under the law.