Foreign divorce validity in india
We were married in India(court marriage), mutually divorced in australia without any dispute. Can i remary again in India.
Asked in Family Law from Giridih, Jharkhand
Is it necessary to take divorce again in India
Asked 2 years ago
1. You are free to remarry in India as you have been divorced with mutual consent.
2. It is not necessary to apply for divorce again in India.
1)you are free to remarry in India as divorce has been done by mutual consent in Australia
2) , “Once the decree of divorce is granted by a foreign court after the parties submit to its jurisdiction and after contest or agreement, the marriage stands dissolved. Nothing further survives in the marriage.
1) it is not necessary to take divorce in india again
2) The wife voluntarily and effectively attends the court proceedings and has consented to divorce being granted
3) A foreign decree is conclusive in India in normal circumstances.
after the divorce you may right to get marry again without any legal hurdle.
no, it is not necessary to take divorce in India now.
Advocate, New Delhi
The marriage ceremonised in India and subsequently dissolved in Australia under mutual consent is very much valid in India, hence as a divorcee, you can very well go ahead for re-marriage. There is no legal infirmity in this.
Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.
In your case You both are mutually divorced and not like to challenge the foreign decree. So it is not necessary to file a divorce case in Inida . If one of them so feels move Indian court latter on challenging the foreign court decree of divorce thus making life of the other partner hell.
Since both of you have separated your ways by way of mutual consent divorce, you are free to remarry and you need not take divorce again in india.