• Validation of divorce obtained abroad

Dear personal

I would like to have some information about the validation of divorce obtained from abroad on a mutual consent.

We have got the divorce from Sweden on a mutual consent. I got the information saying there is no need to validate it in India as the decision is valid. Could you please clarify my doubts. Also let me know if it is not valid what is the procedure that has to be followed. 

Many thanks for the help.
Asked 4 years ago in Family Law
Religion: Hindu

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23 Answers

It's very simple in India you need to file the divorce petition again in the family court on the basis of your divorce decree have got from Sweden and Indian Court will rectify for your divorce decree and pass the order for the divorce

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

It depends upon the place of marriage and nationality of the person as well. If you got married in Sweden and have got mutual divorce from there only then it is sufficient proof for that particular place.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

1. Any decree passed by a foreign court is not acceptable in India unless it has been obtained on grounds acceptable as per India Law.

2. In the instant case, the foreign decree of divorce has been obtained on the ground of mutual consent which is an acceptable ground for divorce as per Indian Acts.

3. However, you shall have to get the said foreign decree of divorce validated by Indian court by filing an application before the appropriate District Court in India.

4. Without getting the said foreign decree of divorce validated, you both shall be treated as legally wedded couple in India which shall retrain you in remarrying legally.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

Hi,

It is valid in India too.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Hi,

It was told that the decree of divorce obtained in Sweden is valid here and you need not to do anything more

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

Now as per recent judgment of SC there is no waiting period. Just proceed for mutual divorce. The procedure is as follows.

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Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: SC.

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Divorce by Mutual Consent Step by Step Procedure

Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months,the court passes a divorce decree. In case one of the sides withdraws the petition,the court initiates to make an enquiry. If the concerned side disagrees to give the consent,the court holds no right to pass the judgment.

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
331 Consultations

4.8 on 5.0

1. Foreign decree of divorce shall have to be validated by Indian Court as explained in my earlier post.

2. Both of you can jointly file the said application for getting the said decree validated by the Indian District Court.

3. Even if she is not in a position to visit India to engage a lawyer, you can get the application typed and sent to her for her signatures at appropriate places along with the Vakalatnama to be signed by her before the appropriate officer of local Indian Consulate who will notarise her signatures.

4. Thereafter she can send the same to you for carrying to India and file it before the said District Judge for getting the same validated.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

Divorce by mutual consent obtained abroad is valid in India

2) you can file petition under section 7 of family court act for validation of divorce decree obtained abroad

3) seek declaration that marriage is dissolved by divorce decree passed by Swedish courts

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

It is not necessary to file petition as divorce decree obtained abroad by mutual consent is valid in India

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Hi,

1) Since both the parties are domiciled in Sweden and both of the parties out of their own volition and accord have obtained a mutual consent divorce from courts in sweden, the divorce decree of sweden courts is valid in India.

2) There is no necessity for the divorce decree of sweden to be validated/ratified by indian courts given that

a) Divorce by mutual consent is permitted vide section 13B of Hindu marriage act and hence any divorce by mutual consent anywhere across the globe is valid in India.

3) As per Section 13 of the the Code of Civil Procedure, 1908 (Code), a foreign judgment is not conclusive as to any matter thereby “directly adjudicated upon” “between the parties” only if:

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

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

(c) it is 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; or

(d) the proceedings are opposed to natural justice, or

(e) it is obtained by fraud, or

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

Since your's is a mutual consent divorce and mutual consent divorce is recognised vide section 13 B of hindu marriage act, you do not require any ratification / validation of your divorce decree obtained in sweden courts.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2124 Answers
394 Consultations

5.0 on 5.0

Please note that the divorce should be taken in the soil you married and where any of the party is resident or have nationality.

In case you don't ratify your divorce you will not be able to register your marriage in India including the addition of wife name in passport and visa formalities.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Dear Concerned,

NO - any mutual consent divorce decree obtained anywhere overseas is Valid in India being taken as on Mutually Agreed Terms. Hence no need to file Divorce / Mutual Divorce again - neither you need to validate the degree in India.

Best of luck

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

Dear Client,

Decree of foreign court is valid.

13. 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.

Hence. valid

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

A contested or a divorce by mutual consent from a court of a foreign country is legally valid in India.

You need not take any further steps in the the name of validation

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

There is no reason to get your marriage dissolved once again in India.

Your ex wife is right that there is no necessity to file a divorce petition or a petition to declare this divorce as valid.

Some people will be in the habit of misguiding people, you may ignore it.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

I have come across many cases like this. The Sweden proceedings in the court of law as you said was mutual is very well acknowledgeable in India.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
308 Answers
5 Consultations

4.0 on 5.0

- Since,you marry and registered the same here in India and after marriage you settled in Sweden with her.

- Its means , you have carried Indian law with you in Sweden.

- Hence , even after settle in Sweden – your marriage and consequently your divorce would still be governed by Indian Law.

- You have got decree of divorce from the Sweden on the ground of mutual consent . It is a valid ground for divorce in India as well .

- But , you will have to get the said foreign decree of divorce validated by Indian court by filing a Divorce Petition before the family court in India.

- You will get the decree of divorce from the family court without any hindrance as you both wanted to get the same on mutual consent ground within 15 to 30 days of time.

- Family court will grant the divorce decree after recording the statement of both parties in two motions. Petition should be filed by both parties with their affidavit and after filing the same , both parties statement will be recorded and it is considered as First Motion.

- After getting the First Motion Order , an application should be moved for waiving the statutory period of 6 months before the same court . As you are living abroad ,your application will be allowed and in this way second motion statement of both parties will be recorded, further just the same day you will get the decree of divorce.

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

This decision of the foreign Court is valid in India, that's because both you and your wife participated before the foreign Court.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

No need to file anything in India.

This decree of Divorce by mutual consent passed but the court in Sweden is valid for all purposes in India.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

1) If it is mutual consent divorce Than it is valid in Indian court. As per the Indian Law.

2) No need to apply in the Indian Court, if it is mutual divorce on foreign land or court.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

The same is valid in India as well since the divorce has been taken by the mutual consent

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

However if some authority here asks you for the validation of the same then you will have to file a declaration suit and seek the declaration that the said divorce is a valid divorce as per the law

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Divorce granted outside India

Divorce from foreign countries are valid in India but you need to validate the same in India. Under Section 13 of the the Code of Civil Procedure, 1908 (Code), a foreign judgment is not conclusive as to any matter thereby “directly adjudicated upon” “between the parties” if: (a) it has not been pronounced by a Court of competent jurisdiction; or (b) it has not been given on the merits of the case; or (c) it is 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; or (d) the proceedings are opposed to natural justice, or (e) it is obtained by fraud, or (f) it sustains a claim founded on a breach of any law in force in India. If the above conditions are fulfilled in the said foreign divorce decree the said divorce is valid in india

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

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