• Mutually divorced in Singapore - do I need to validate in India

We have been granted divorce by Family Justice Court Singapore last year. My wife had participated in divorce proceedings in Singapore, and marriage was dissolved with her consent.
I would like to understand if I need to file petition or get it validated in family court in Delhi?

So, you shall have to get the said decree of divorce granted by the foreign court validated by the local District Judge.

 file petition for declaration
Asked 5 years ago in Family Law
Religion: Hindu

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28 Answers

Decree of divorce is valid in India but you may have to get it validated in the local court by filing a declaration case.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Hello,

It will be good if a declaratory suit under sec 7 is filed in delhi as well.

Yes a petition of declaration is to be filed.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

1. If the decree of divorce granted by the Singapore Court is based on grounds accepted by Indian Law (like Mutual Consent Divorce), then the said foreign decree is acceptable by Indian Law.

2. However, you shall have to get the said foreign decree validated by filing an application before the local District Judge in India.

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

mutual divorce granted by Singapore court would be valid in India

2) you can file petition under section 7 of family court act that marriage is dissolved by divorce decree passed by Singapore court

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

A petition for declaration needs to be filed.

The validity of the order will depend on many things.

The code of civil procedure in sec. 13 states :

When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—

(a) Where it has not been pronounced by a Court of competent jurisdiction;

(b) Where it has not been given on the merits of the case;

(c) Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

(d) Where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) Where it has been obtained by fraud;

(f) Where it sustains a claim founded on a breach of any law in force in India.

If it fulfills all the above conditions then also your partner has to acknowledge consent before the Indian court.

Moreover there can be questions like whether you both were domiciled there or permanent residents of that country etc. It would be advisable to consult a competent lawyer.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

In the mutual consent divorce the degree granted by the foreign court is consider to be legal valid and bilding in India court by virtue of section 13 and section 14 of Civil procedure Code.

To get the it executed in India petition under section 44 A CPC for reciprocating countries or by filing suit upon foreign decree in case otherwise.

Yes the decree need to he validated in court of local jurisdiction in India because the divorce decree validity varies in case to case even in case of consent divorce. And the best forum for divorce is of the country under whose law you are married.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

I would like to understand if I need to file petition or get it validated in family court in Delhi? Normally, as per the principle of comity of courts, the order passed by the foreign court will be given due weight. As both of you submitted to the authority of the foreign court, the decree is binding on both of you.

Rajaganapathy Ganesan
Advocate, Chennai
2092 Answers
8 Consultations

4.9 on 5.0

Dear Querist

if the divorce has been granted by the Singapore Court based on the Mutual Consent then that judgment of divorce will be valid in India too because as per Indian Law a mutual consent divorce among the Hindus is also available as per section 13(B) of Hindu marriage Act-1955, and also the Singapore Court give an opportunity of hearing to both the parties, hence they follow the rule of natural justice.

there is no need for any thing to certify this Judgment, but for your satisfaction and if there is any objection raised by the Ministry of External Affair or Passport office regarding the VISA and Passport issue and they required any documents issued by the INDIA court then you may file a civil suit for declaration before the Family Court for the same.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Singapore is a Reciprocating Territory, notified under Section 13 & Section 44A of the Code of Civil Procedure. Hence any judgment & Decree passed by a Competent Jurisdiction in any of this Reciprocal Territory are valid and straight away enforciable in India. These decrees are not required to be ratified by Indian Court.

So, answer to your question is, YES, Mutual Consent Divorce granted by Court at Singapore are valid and legal in India.

Feel free to contact for any questions

Vivek Mapara

Vivek Mapara
Advocate, Ahmedabad
28 Answers
4 Consultations

5.0 on 5.0

1. There is no system for validation of decree in India.

2. However if Singapore is a reciprocating counry you can file a declaratory suit and get a decree of declaration with the consent of your wife.

3. Foreign decree under several circumstances is not acknowledged in India.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

Hi,

Any divorce which is taken in the foreign soil must be ratified in the country where the marriage was solemnised.

So in your case as well if divorce is taken in Singapore the a divorce petition should be filed on the basis of the decree in India Family Court to get the decree of divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

The declaration is to be filed jointly. The affidavit of both parties is required.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

You need a no objection from you wife if you are filing it on your own. And if you both agree then the declaration petition can conclude fast.

Any one can also file but in your case when you have mutually agreed and the judgement/decree of singapore court is not in contravention to indian laws (section 13 Civil code procedure) then it is advisable you both file it together, proceedings will conclude fast.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you can apply . notice would be issued to your wife

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Both of you apply together to get the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Is the marriage in india performed as per hindu rites and customs?

Rajaganapathy Ganesan
Advocate, Chennai
2092 Answers
8 Consultations

4.9 on 5.0

This divorce is valid in India and will be recognized in Indian.

No need to get it validated by filing a declaratory suit.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

1. Your divorce decree has been obtained based on grounds acceptable by Indian Law i.e. Mutual Consent Divorce.

2. However, any foreign decree is required to be validated by the concerned District Court in India for being enforceable in India.

3. Ideally, both of you should jointly file an application before the District Judge to get the froerign decree validated.

4. If the other side is not available, file the application making the other side the opposite party sending her Notice and if she does not appear, ex-parte order for validation of the said foreign decree of divorce will be issued by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

In the matter of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid in India and Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Act.

We can say that a decree passed by a Foreign Court has either to be executed under Section 44A or a fresh suit has to be filed for its enforcement. A foreign divorce decree is considered to be conclusive under Section 14 of the Civil Procedure Code if it passes the test under Section 13 of the said Code.

Aman Shrotriya
Advocate, Rajkot
21 Answers

4.8 on 5.0

Dear Client,

Where`s the question arise whether divorced or not to relinquish once right in jointly owned property. Merely a Relinquishment deed that's it.

Decree of Foreign Court is valid unless not obtained by fraud, ex parte, without jurisdiction. No need for declaration from Indian Courts.

In the following six cases, a foreign judgment shall not be conclusive:

(3) Foreign not by a competent court;

(4) Foreign judgment not on merits;

(5) Foreign judgment against international or Indian law;

(6) Foreign judgment opposed to natural justice;

(7) Foreign judgment obtained by fraud;

(8) Foreign judgment founded on a breach of Indian law

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If both are present in India please file declaration case.

on divorce declaration you may have to pay stamp duty for transfer of right in the property.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

One party can file and both the parties have to mark the presence before the court.

If just the property is one issue, then you can just transfer the property to her by means of a gift deed and if you trust that the ex-wife will not claim any right in future then there is no need to get the declaratory suit.

Regard s

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

According to the Supreme Court of India in case of Mrs. Anoop Beniwal vs. Dr. Jagbir Singh Beniwal; Decided on 25 October 1989, it was held that when as both (husband & wife) had the chance to actively defend, an opportunity of hearing to both the parties was given in court and principles of natural justice was followed, thus the mutual divorce obtained in foreign country will be equally valid in India.

Raj Deepak Chaudhary
Advocate, Lucknow
12 Answers

4.0 on 5.0

Hi,

you just need to produce the divorce decree in a court of competent jurisdiction and get it validated.

Thanks

Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

4.0 on 5.0

1. Since your ex wife too had participated in the proceedings before the court the decree passed by the court is valid in India for all legal and practical reasons. You do not require any validation in India of it as it is per se valid.

2. A spouse who had participated in the divorce proceedings in a foreign court, and the court then proceeded to pass a decree of divorce, cannot then lay a challenge to the decree in India.

3. If you still wish to file a suit for declaration then you may do so unilaterally.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You need not get your divorce validated in India once it was granted under mutual consent divorce by a court in Singapore.

Dont be worried about it in any manner, this is a valid divorce.

There is no provision in Indian law to validate a decree of divorce granted by a foreign court.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

The suit for declaration of foreign divorce is nothing but an unnecessary exercise.

There is no need for any declaration.

The decree of divorce on the mutual consent grounds is very much valid in law in India.

The copy of the decree of divorce properly attested by a notary of that country shall be sufficient for all the transactions that involves immovable property or any other issues in India.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

Is the marriage performed in India. Why you want to validate the same in India.

You can validate it. The decree is acceptable in court.

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

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