Hi,

Civil procedure code of India has clear provisions of recognition of foreign decree and hence your decree of divorce is also valid and you may marry again in India.

Yes. It is valid in India. There is a provision in Indian law for execution of foreign court decrees. This is contained in Section 44-A CPC read with Section 13 CPC

Divorce by mutual consent passed in Australia  is valid in India 

Yes,  a contested decree or consent decree of both the parties a valid decree one in India. In case,  if the foreign  was obtained by fraud,  coercion or in the absence  of other parties,  the aggrieved party can approach  the Indian court for further remedies. 

In your case is concern,  the marriage  registered in Australia and mutual consent decree passed on consent of both  the parties.  Therefore,  the decree passed by the Australian court is valid one. 

Yes if the same is mutual and validated in India then it's valid and you can remarry. 

The mutual consent divorce is.valid and you can remarry now in India.

To safeguard from future litigations or any confusion. It is advisable to get the decree obtained from Indian court.

Foreign court divorce order can be submitted on same ground and easily the decree order can be obtained.

Incase the decree is not obtained from Indian court, your ex wife may file alimony or property rights case in future or may refuse foreign Court judgement.

Regards

Vivek Arya

A foreign divorce decree in India is valid in India only if obtained by legal procedure by both the parties. Since it is a mutual divorce as mentioned by you (provided it is as per section 13 of the Civil Procedure Code), it would be considered that the marriage is dissolved and hence, the marriage is no longer subsisting in India.

Once it is legally dissolved, you can re-marry in India.

Mutual consent diovrce granted by foreign court valid in India. You can remarry.

1. Foreign decree of divorce is not valid in India unless it has been obtained on the ground acceptable by Indian law following the rules prescribed by Indian law.

2. So, mutual consent divorce obtained by jopintly filing the MCD petitiion is valid in India though you shall have to get the said decree adjudicated by the Indian District court.

3. If it is not MCD filed in Australia, it will be prudent on the part of both of you to jointly file a MCD in India which will be disposed of within 6 & 1/2 months from the date of its filing.

4. You can not remarry in India till you get the decree of divorce in India or get the Australian decree of divorce  validated by Indian court.

Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce 

If the divorce in Australia was by mutual consent then it is valid and recognized in India.

You can remarry without any problem.

Dear Sir,

You are free to remarry in India as you have been divorced with mutual consent. ...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.

Yes the Mutual divorce certificate of Australia is valid in India

You can marry again in India.