• German divorce decree valid in India

I am a german citizen and divorced in Germany. We were married in India as per Hindu customs. After marriage in 2016 in India we lived in Germany. During marriage both of us were Indian citizens. Marriage registration was accepted in Germany. Due to difference of opinion we applied for mutual consent divorce in India in 2019 and then got back together and lived again in Germany from 2020. After that the Indian mutual consent case was cancelled because we lived together and the case was dismissed. I again applied for divorce in Germany and India at the same time in 2023. She did not take notice in India but took notices In Germany for german case and the German divorce case is granted in 2024. But the Indian case is pending. When asked to close the Indian case because the german divorce case is granted through validation of German divorce the Indian judge did not accept it. After german divorce, she also got german passport and also married in India but I don’t know if she registered her marriage in India. Do I still need validation of the german divorce in India to marry and register my marriage.
Asked 4 hours ago in Family Law
Religion: Hindu

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1 Answer

In India, you are NOT yet safely treated as divorced because the Indian court has not recognized the German decree and the Indian divorce case is still pending. Your marriage was originally governed by Indian law.

If you remarry in India without resolving this your second marriage can be challenged as void, you could face bigamy allegations under Section 494 IPC, the marriage registration authorities may refuse registration and you may face future legal complications (property, spouse rights, children legitimacy).

She remarried in India after German divorce, but that does not automatically make it legal under Indian law.
If the German divorce is not recognized in India then her second marriage may also be legally questionable, but unless challenged, it may continue practically.  As a matter of fact, she too would face the similar situation since she got remarried during the pendency of divorce case in India. 

Therefore to safeguard your interest you may file a suit for declaration to declare the German divorce as legally valid under Section 7 Family Courts Act read with Section 13 CPC, but before that you may have to withdraw the pending divorce case citing this as the reason. 

If she cooperates you may file joint memo in Indian court accepting German divorce, court may dispose the case quickly

 

T Kalaiselvan
Advocate, Vellore
90451 Answers
2519 Consultations

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