• Divorce NRI

Hello,

I got married in India in January 2011 and moved to New Zealand in Feb 2015. My ex wife and I had troubles and we ceased living together in April 2016. We filed for a mutual Divorce in New Zealand in 2018 and the divorce was granted On 23/06/2018 on mutual basis. If I need to remarry in India, do I need to get my divorce transferred to India? I read during my research that Section 13 and 14 says that if a divorce was mutual it is recognised in India but I’m not sure if any legal formalities are required. I’m a permanent resident in New Zealand and don’t come to India often.
Asked 5 years ago in Family Law
Religion: Hindu

15 answers received in 1 day.

Lawyers are available now to answer your questions.

16 Answers

Divorce by mutual consent obtained abroad is valid in India 

 

2) you can file petition for declaration under section 7 of family court act that marriage is dissolved by New Zealand divorce decree 

 

3) you are at liberty to remarry 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Hello, 

A mutual consent divorce obtained in NZ is valid in India and you are not required to do anything in India to get the same validated. You do not require any other legal formality until and unless the same is disputed by your wife. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Hi,

The orders and decree granted in foreign courts are also acceptable in India and you need not do anything separate  in India. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

The divorce decree obtained in New Zealand mutually is valid in India and you can remarry after same if there is no dispute pertaining to mutual divorce then no step is required.

If ex wife dispute divorce then only a declaration under section 7 family court act can filed in India.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Concerned

 

No you don't need to take any steps to get married again . Your divorce degree is valid. You can remarry. 

 

 

Best of luck. 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1. Your divorce decree is recognized in India as valid for all legal and practical reasons. You do not need any validation of it from any court in India.

2. You are free to remarry in India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

foreign divorces are valid in India so long as they are filed by mutual consent, therefore divorce decree granted by the new zealand Court is also valid in India, but, as you want to remarry in india, i advise you to get a decree of divorce in India also to avoid any further complications.

   

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

It is valid in India. You can validate the same if you want to remarry in india

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1) Yes, you can remarry in the India. No issue at all. If you have done Mutual Consent Divorce in New Zealand, if your first wife takes any objection in Indian court at that time you can produce Mutual Consent Divorce certificate to them.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

 

Dear Sir,

The following information may kindly be read and it will helpful to you.

Laws Related to NRI Divorce

A growing trend among Indian men and women can be seen to get married to NRIs. According to the recent statistical data, 225 women from metro cities get married to NRIs every year and out of these around 25 want to end their marriage due to reasons of hiding facts or of deception. This is the reason why it is important for Indians who marry NRIs to have knowledge of laws related to NRI divorce. Many of NRI weddings end in divorce due to the reasons like:

  • The NRI spouses inflate their assets like home, high paid job, or vehicle in the foreign country but actually might not be in a position to support a family after marriage.
  • The NRI spouse happens to have another spouse, settled with him abroad.
  • The NRI spouse feels that Indian spouse is not a suitable partner in coping up with him and his advanced lifestyle and hence, seeks divorce on the grounds of incompatibility.

However, The Process Needs one to Furnish the Following Information for Completion of Divorce Process:

  • Where was one married? India or Abroad
  • Does one have children?
  • Will both be able to reach a financial settlement of their possessions?
  • What is the religion of both the partners?
  • Which country is one based in?
  • What is his or her nationality?

Even though, there are not many laws to protect the interest of Indians who marry NRIs but due to rise in the number of troubled marriages of NRIs with Indians, the government is introducing NGOs in both India as well as abroad and these shall guide Indian men and women who are married to NRIs and settled abroad. They offer emotional support, counseling, and legal advice in the process of divorce and separation. Another thing to be kept in mind is that even if the divorce is taking place abroad, it would be good to appoint an attorney who is proficient in Indian divorce laws related to NRIs.

The Basic Laws Related to NRI Divorce, That One Must be Well Aware of are:

  • If both the spouses are settled in USA, or any other foreign country, then they can seek divorce by mutual consent under the foreign marriages divorce laws of that country.
  • If both the spouses are Indians and have been married under Hindu marriage Act 1955, in that case they can seek divorce with mutual consent under section 13-B.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Keep the certified copy of divorce with you, divorce valid in India.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. You have rightly understood that the decree of divorce  passed by the foreign court on the ground of mutal consent is valid in India but the said decree shall have to be validated by the appropriate Indian Diastrict Judge.

 

2. You shall have to file a petition for getting the said decree validated by the Indian Distyrict Judge.

 

3. Without getting the said foreign decree of divorce validated by indian Court, you are still considered as the husband of your wife divorced by the decree passed by the foreign court and can not marry again to any other girl.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Mutual consent divorce decree granted by a foreign Court is fully enforceable in India and you do not need to do any formalities in India after such a decree has been granted by a foreign Court.

To be very sure, you can file a petition under section 7 of the family courts act in order to get a decree from Indian court too.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you had already granted divorce on Mutual ground by he court of your present country I.e. Nee Zealand.
  2. Sir, let me telll you that if both the parties are residing in one country and got  divorced on the ground which is applicable in that very clunetty and in India then the divorce would be valid.
  3. If either of the part is not residing in the same country where the divorce has been sought then it will have to be granted in India also.
  4. So, now in your case, you need not to get it (divorce decree) in India also as your decree is valid in India as well as in Australia.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

If your divorce in New Zealand was by mutual consent then you do not have to get it revalidated once again in India.

Being a PR of that country you can get married and register the same in India under special marriage act.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer