• Foreign mutual consent divorce obtained - questions about Indian courts

Hello,

I am a EU Citizen, my ex-spouse is an Indian. We married in India under the Christian Marriage Act.

I have a mutual consent divorce in Germany. Germany is not a reciprocating territory so I have to file a suit to get the divorce decree executed in India.

1. Do I need to physically go to India to file this suit to get the divorce executed, or can I do it here from Germany by hiring an Indian lawyer, etc?

2. Is there a limitation of impeachment where after 90 days, the divorce issued by the German court cannot be contested by either party in India?

3. Can my spouse still go to Indian courts and ask for alimony/settlement/maintenance fee even after the mutual consent divorce in Germany has been issued? There was no settlement issued in Germany for the divorce, and she did not take issue with this. Can she still ask for money and will the Indian court entertain her request?
Asked 11 days ago in Family Law
Religion: Christian

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14 Answers

1. In the basis of POA your parent or sibling can file the suit and conduct the case on day to day basis. However at the time of evidence your personal attendance to record your testimony is mandatory. 

2. No.

3. Yes.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

You have to contact Indian lawyer for filing and you have to be present before court. Your presence needed in court. 

Your spouse can go but in your defence you can put your Germany court decree as proof that she didn't asked alimony so it will be in your favour.

Sanjna Vaishnav
Advocate, Gandhinagar
39 Answers

Not rated

1. Yes you can do it from Germany by hiring lawyer

2. No 

3. Of its mutual consent then the Indian court will not entertain

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

You need to come down to India for filing petition 

 

2) no such limitation that foreign divorce cannot be contested 

 

3) wife can claim alimony / maintenance from you in Indian courts 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

1. You may have to be physically available in India for filing it.

2. No such limitation,  however please confirm if the reasons for divorce granted by Germany court is legally valid in India 

 

3. Yes she can file a petition seeking maintenance under section 125 cr.p.c. 

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

You must hire an advocate in India for conducting your case. Your physical presence is needed in the case. For filing the petition your presence is not needed if your advocate follow the under given method.

Your advocate can prepare the petition and send it through email, you will take the print out and put the signature and attest the same with the help of Indian consulate. Then send it to your advocate, he can file the same before the family court.

In the case of reciprocating territory 3 Year is the limitation period for filing a case. The limitation period can condone if you explain a valid reason for delay.  In your case divorce decree can be used as only a document .

If there is any mutual agreement with regard to ail money and future claims at the time of mutual divorce , he claim for further claim will not sustain.

Ajay N S
Advocate, Ernakulam
3624 Answers
71 Consultations

5.0 on 5.0

- If you have granted mutual divorce decree from the Germany court , then it is legally valid in India. 

1. You can appoint any relative or nearest one to appear before the court and to file the said petition in India on your behalf with the help of a lawyer , and your presence in the beginning of the case is not mandatory. 

2. The said divorce decree is valid in India , and further she cannot claim any alimony if she has filed a joint petition there. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

for filing petition physical presence required 

No

She claim alimony through indian court. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Wife has no share in money or property standing in name of your parents 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

She can claim money or property of yours. If your parents has your name in it then she certainly can. 

Sanjna Vaishnav
Advocate, Gandhinagar
39 Answers

Not rated

Your sex-spouse cannot claim money or property from you itself hence she cannot imagine to claim any share of property from your parents.

She has no rights to claim property from anyone including you at least not during your lifetime, moreover once she is divorced she has no rights over your property even after your lifetime.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

No . Her claim over your parents property never sustain.

Ajay N S
Advocate, Ernakulam
3624 Answers
71 Consultations

5.0 on 5.0

No if it's validated in india

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

she cannot claim any share in the father/mother in laws self acquired or on ancestral property.

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

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