Cancel marriage registration
My ex-husband filed for divorce in California, US. I hired a lawyer and participated in the proceedings. Divorce has been granted in US based on mutual consent in 2015 May. My marriage was registered in India in 2013. Will I be able to cancel this registration using the US divorce order.
Asked 3 years ago in Family Law from United States
1) once divorce decree has been passed by mutual consent marriage is dissolved
2) the divorce decree granted in USA is valid in india .
3) you dont need to cancel your marriage registration
4) just keep certified copy of divorce decree granted BY USA court and have it attested before indian consulate
5) you can change your name in passport based on said divorce decree
1. The divorce has been granted by the US court based on mutual consent. As a corollary thereto, the marriage registration certificate has now ceased to have the legal character it held before the divorce. It is a mere scrap paper.
2. The marriage registration certificate cannot be cancelled. You can throw it in the waste bin as it has no legal character now.
There is no procedure called cancellation of marriage in India when foreign court has already granted decree of divorce.
Since you participated in divorce proceedings in USA and decree was passed on consent, the decree is very much valid in India and you need not do anything more.
The decree of divorce granted by US court under mutual consent itself will be a valid divorce in India too, you do not have to register a divorce in India separately again, mere waste of money, energy ad time.
1. You can not cancel a registration which took place in India without Court order,
2. You shall have to get the said divorce decree granted by USA court on mutual consent registered before Indian Court,
3. Your decree of divorce granted on Mutual Consent ground will be accepted by India Court since the ground for granting divorce being Mutual Consent is also an acceptable ground by Indian law.