Your divorce by mutual consent is valid in India
2) you don’t have to file petition for divorce in India
3) you can file petition for declaration that marriage is dissolved by Singapore court decree if you so desire
I have married and registered in Singapore as my wife is Singapore citizen. However, one year later, my father unaware of marriage laws and got us registered marriage again in India when we returned for ceremony. Now that we have mutually divorced in Singapore and the Final divorce decree has also been issued. How do i get my divorce decree to be valid in india? Do i need to file for divorce again in india? Is my wife needed to come to india to sign the divorce papers again? Or we just need to inform the India embassy in Singapore Thank you
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Your divorce by mutual consent is valid in India
2) you don’t have to file petition for divorce in India
3) you can file petition for declaration that marriage is dissolved by Singapore court decree if you so desire
See since you both first married in Singapore and registered marriage there the marriage in India is not valid and the divorce granted by Singapore court on mutual grounds is valid in India also.
As you were earlier married the marriage in India will be void. As during marriage in India and it's registration you need to give a declaration whether you are earlier married, divorced or single. Therefore only Singapore marriage and divorce will be legal
Hi
The Divorce granted by competent court in Singapore is valid in India subject to complying the provisions of Section 13 & 14 of Code of Civil Procedure, 1908.
The sum and substance is that, it should have been obtained in proper order …….….
No need to file for divorce in India again, as the same is obtained from competent court there.
No need to come to India for the purpose of same.
If you want to put the record clean, you can file an Affidavit enclosing the divorce decree obtained at Singapore before the concerned Registrar (for their records) under proper acknowledgement.
Good Luck
If you want divorce from Indian court than you can submit mutual consent divorce that too will be valid in India and you will get order from Indian court as well.
Hi
Since you have
a) married a singapore citizen and
b) that marriage was performed and registered in singapore and
c) also that the mutual consent divorce was granted by the SIngapore courts,
there is no further necessity to obtain divorce from Indian courts nor is there any necessity to cancel the registration of marriage done in India.
No further steps need to be taken in this regard, except to have the mutual consent divorce decree granted by Singapore courts in safe custody.
Hope this information is useful
Get the mutual consent divorce judgement, decree and documents exhibited in Singapore apostilled in Singapore so that the same can be used in India.
Dear Sir,
A suit for validation of Singapore divorce can be mutually or unilaterally filed in an Indian court. The decree of divorce granted on consent in foreign countries is valid in India . ... This is not a ground for divorce in India.
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.
You can file execution petition in district court for execution of foreign court decree. Her presence not required. And since it is mutual consent divorce, valid in India, no need to file any application to enforce divorce in India.
Since this is a mutually agreed divorce, this will be taken as correct and valid in India for all the purposes.
Thus, this will be recognized in India and you need not take any additional step.
1. You shall have to file a mutual consent divorce petition in India also.
2. Both of you can get the said petition printed on demi paper sent by your lawyer in India and take it to the Indian consulate at Singapore for apending your signatures before the appropriate officer of the consulate who will notarise your signatures.
3. The said MCD petition is required to be returned to your Indian Laqyer for filing before the approipriate Court.
4. You both shall have to appear before the Court after around 6 months on the day of the 2nd motion for confirming that both of you still want divorce.
5. The decree of divorce will then be pronounced by the Court and both of you shall be free to remarry thereafter.
If the Divorce in Singapore is Mutual consent divorce then it is valid in India and you can use that order dissolution of marriage in India by filing a petition in court to declare marriage dissolved.
Normally Indian court recognize and enforce the foreign court judgement under some of legal condition, that means some procedural as well personal questions are testify than it is comes under that parameter than it is valid one.
Decree passed by a court outside India to dissolve a marriage is valid in India for all legal and practical reasons. You do not have to and cannot seek divorce in India as your marriage does not exist anymore.