• Divorced in UK, execution of same in Goa India

My ex husband and I received our divorce decree in the Uk (family court)based on Irrevertible breakdown of marriage due to unreasonable behaviour (of mine). I had participated during the divorce proceedings without contesting the divorce but negating the blames so basically an uncontested consent divorce. Will I be able to execute the decree in India(Goa) if yes how ? Do I file a suit or is it directly executable ? And what is an approximate timeline ?
Asked 7 months ago in Family Law from United Kingdom
Religion: Christian

Decree passed by foreign Court cannot be enforced in India, if the divorce was contested by the other side.

Only decree passed in case of mutual consent divorce by a foreign Court can be enforced in India.

Siddharth Jain
Advocate, New Delhi
3849 Answers
42 Consultations

5.0 on 5.0

hello

A foreign judgment is defined under the CPC as a judgment of a foreign court. A foreign court, under the CPC, means a court situated outside India and not established or continued by the authority of the Central Government.

A foreign judgment or decree should be conclusive as to any matter adjudicated by it. The test for conclusiveness of a foreign judgment or decree is laid down in section 13 of the CPC which states that a foreign judgment shall be conclusive unless:

It has not been pronounced by a court of competent jurisdiction;

It has not been given on the merits of the case;

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;

The proceedings in which the judgment was obtained are opposed to natural justice;

It has been obtained by fraud;

It sustains a claim founded on a breach of any law in force in India.

Thus, before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree passes the seven tests above. If the foreign judgment or decree fails any of these tests, it will not be regarded as conclusive and hence not enforceable in India.

By virtue of section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as a decree passed by the Indian district court.

A judgment from a court of a reciprocating territory can be directly enforced in India by filing an execution application. Section 44A (1) of the CPC states that where a certified copy of a decree of any superior court of a reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court (meaning that the entire scheme of execution of decrees as laid down in Order 21 of the CPC will be applicable).

While filing the execution application the original certified copy of the decree along with a certificate from the superior court stating the extent to which the decree has been satisfied or adjusted has to be annexed to the application.

regards

Rahul Mishra
Advocate, Lucknow
3236 Answers
9 Consultations

5.0 on 5.0

You have to file petition under section 7 of family court act that marriage is dissolved as per UK divorce decree

2) notice would be issued to your ex husband

3) if there is no objections received court would pass orders that marriage is dissolved as per UK divorce decree

Ajay Sethi
Advocate, Mumbai
61328 Answers
3722 Consultations

5.0 on 5.0

1. There is no question of execution of a foreign decree of divorce. No execution petition lies against a decree of divorce as the moment the decree is passed the marriage is dissolved and the parties are free to remarry after the expiry of the limitation period to file an appeal against the original decree.

2. The foreign decree is absolutely valid in India.

Ashish Davessar
Advocate, Jaipur
25875 Answers
742 Consultations

5.0 on 5.0

A decree passed by foreign court of competent jurisdiction is enforceable in India just like any other decree passed by the Indian Court

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

Firslty, as per the information stated in the present query, makes it clear that you have already got a decree of divorce in UK.

Secondly, if you wish to get the same enforceable in India then it may depend upon your wish to do the same as once you have divorced there as per the law of that country for divorce then you may not have to go for it again in India.

Thirdly, but, yes there are some benefits and consequances also for going the same again in India which is purely depend upon case to case basis.

Sanjay Baniwal
Advocate, South Delhi
3999 Answers
7 Consultations

5.0 on 5.0

You have to approach the family court in Goa on the basis of divorce decree you have got from UK Court to get it rectified as both of you are Indian and on the basis of divorce decree from UK the court will allow and ratify your divorce decree.

Vimlesh Prasad Mishra
Advocate, Lucknow
4900 Answers
12 Consultations

4.9 on 5.0

1) The degree passed in the foreign court is not valid in India, except Mutual Consent Divorce.

2) If you want immediate Divorce than one can apply for Mutual Consent Divorce and take same order from court.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

Mam since UK is reciprociating country for judgements you can file for execution of order in the family court in Goa the complete petition is not required to filed for divorce again as it mutual consent divorce and UK a reciprociating terrioty. The execution with consent of both parties will take 2-3 months

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

File a declaratory suit in the Family Court in India, if validation is all that you want.

Contact a local lawyer having expertise in handling matrimonial disputes.

Vibhanshu Srivastava
Advocate, New Delhi
8222 Answers
118 Consultations

5.0 on 5.0

1. The devorce decree availed by you in foreign court is not valid in India unless it is applied for and availed on grounds acceptable by indiann law like Mutual Consent Divorce. In case of MCD decree p[assed by the foreign court, it shall have to get it validated by the District Judge of Indian Court against an application filed for the said purpose.

2. Your divorce decree is not based on Mutual Consent and there is a difference between mutual consent divorce and uncontested divorce.

3. Moreover, in your caqse it is not an uncontested divorce since you had appeared before the Court and refused to accept the allegations levelled against you which were shown as ground for seeking tyhe said divorce decree.

4. It will be prudent on your part to jointly file a MCD petition before the Indian Court which will be decided within 6 & 1/2 months from the date of its filing.

5. You both can file the joint MCD petition after getting your signatures apened on the MCD plaint and Vakalatnama notarised by the appropriate officer of local Indian Consulate for sending to your Advocate in India for filing.

6. However, both of you shall have to physically appear before tyhe Court on the final day known as the day of the 2nd motion which takes place after around 6 months of its filing for dispoising of the case by passing decree of divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

Dear Madam,

No, the decree of divorce order of UK cannot execute in India.

Please the following information may kindly be read.

VALIDITY DIVORCE GIVEN BY FOREIGN COURT

NOT VALID AS HINDU LAW IS NOT IN EXISTENCE IN FOREIGN LAW……EXCEPTIONS

http://www.indialegalhelp.com/files/foreigndivorce.pdf

The key rule laid by the Supreme Court can be summed up as follows: If a couple is married under Hindu law, (a) the foreign court that grants divorce must be acceptable under Hindu law; and (b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law. The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce. The exceptions that Supreme Court has permitted to the above rule laid by it are as follows in a case where husband has filed for divorce in a foreign land: A) The wife must be domiciled and permanently resident of that foreign land AND the foreign court should decide the case based on Hindu Marriage Act. B) The wife voluntarily and effectively attends the court proceedings and contests the claim on grounds of divorce as permitted under Hindu Marriage Act. C) The wife consents to grant of divorce.

Netravathi Kalaskar
Advocate, Bangalore
2447 Answers
6 Consultations

5.0 on 5.0

Dear Client,

There`s no need for execution of divorce decree. Foreign Judgment conclusive in India, if both parties agrees.

Keep the certify copy with you for ready reference.

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

Dear Querist

If you are ready to accept that divorce then no need to go anywhere that decree will be valid and only if there is any requirement than only file a civil suit for declaration before family court which can be done within 2-3 dates of hearing.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
5245 Answers
251 Consultations

4.9 on 5.0

If the divorce decree granted by a UK court was on the grounds of mutual consent or contested, then it is very valid in India, however an exparte decree is not valid.

You cannot execute the divorce decree, if it is not recognised in India then you may have to file a fresh divorce petition in India once again.

You can consult a lawyer in India on this on all such further issues.

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

Dear Ms Querist,

Thank you for your query.

By way of introduction, I am an Indian advocate who has over the period of many years, gained exposure to cross border matrimonial litigations and child custody proceedings (especially after working exclusively with an English Barrister and team of instructing solicitors for a period of a two years on a multitude of matters on these lines)

As I understand, you have successfully managed to get a divorce Decree in the UK. However it is still not clear whether it was on the basis of Irretrievable breakdown of marriage or a mutual consent decree.

Nevertheless, answering your question, yes the decree, where both parties participated before a competent court is recognised before Indian courts. You would have to move an execution application before a Court in Goa as you mentioned. It could take any time between 3-6 months (2 or 3 hearings) for it to be executed in India, if no objections are filed by your husband. However in case objections are made then it could take anytime between 1-3 years. Please note the UK divorce decree can only be executed once you have applied for a Decree Absolute.

I hope this assists you.

Tanmeet Singh
Advocate, New Delhi
10 Answers

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