Hello, I have obtained a divorce of mutual consent in Germany. I was married in India (Christian Marriage Act) to an Indian citizen; I am a EU citizen. What is the process of getting this divorce validated in India, and can it be contested by the other party still? Is there a likelihood that the mutual consent divorce that Germany has granted will not be recognized in India?
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If the mutual consent divorce granted by the court at Germany do not fall within the legally recognized grounds as per Indian laws then the divorce may not be legally valid in India.
However you can file a suit for declaring the divorce granted by the court at Germany as valid for the reasons you may rely upon and by attaching the documentary evidences to support your pleadings in the declaratory suit.
You need to validate the same in Indian court
A mutual consent divorce has been taken by you in Germany. It is perfectly valid in India. You should apply for execution of the divorce decree.
Thank you. Regarding the execution of the divorce degree: if I do this, will it be announced to the other party and do they have a chance of getting it invalidated?
Yes they have to informed of the execution as is the procedure. They cannot backtrack from the decree granted by a foreign court as it was a mutual consent divorce and they participated in it.
Yes
You have to file petition under section 7 of family court act for declaration that marriage is dissolved by mutual consent divorce decree passed by Germany courts
2) notice would be issued to your spouse
3) if there are no objections received court would validate the divorce decree
Notice would be issued to your spouse
court would consider the objections if any while passing orders
Mutual consent divorce decree by the foreign court will be enforceable and binding in India.
You can file a suit for declaration to enforce the divorce decree in India.
If you file such a suit, the other party will be served notice. the decree of divorce granted by the foreign Court needs to be produced in order to advise you whether it can be enforce or not
1. A decree of divorce passed by a court outside India is by default recognised as valid in India unless it is declared non est and void by a competent court in India. You do not have to get it recognised in India.
2. The limitation period to impeach a foreign decree of divorce is 90 days fro.m the date of decree
For executing the decree in India, summons have to be sent to the opposite party hence there is no question that the opposite party can remain uninformed about this process.
It is mandatory that the opposite party has to be impleaded as respondent to the proposed law suit that you may propose to file in India.
Dear Sir/Madam,
You are suggested the under the provisions of the Civil Procedure code of India, the foreign decree is valid and you are not required to do anything further once the decree is granted in foreign Court.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Since you have obtained the mutual divorce decree from the Germany court , then it is valid in India , and further admitted before the court of law .
- Further, after getting the said divorce , she cannot file a contested divorce petition in India , and it is not maintainable.
mutual consent divorce granted by foreign Court is considered as valid. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding
your spouse may file objection before court. if you filed declaratory petition.
The Indian Legal System categorizes Foreign Judgments and Awards from all the quarters of the world into two groups Viz. (a) Judgments and Awards coming from the ‘Reciprocating Territories’ of India and (b) Judgments and awards coming from the ‘Non-Reciprocating Territories’ of India.
Germany is not a Reciprocating territories of India , in such a case file a declaratory suit before family court to declare that marriage is dissolved by mutual consent divorce decree passed by Germany court. You can use the decree only as a document .The Court further observed that while adjudicating the suit on a foreign judgment, the duty of the Court is “merely” to see that the foreign Court has applied its mind to the facts of the case and the law on the point.
The Hon’ble High Court of Delhi firmly established the above mentioned principle by citing an old Judgment delievered in the case of Dr. Kulwant Vs. Dhan Raj Dutt . In this case it was held that if a foreign court has strictly followed ‘the procedure’ and has given full opportunity to the defendant to appear and raise a defense, then, even if that judgment is passed ex-parte it shall be considered to have been decided on merits.
