• Divorce certificate to get married In Indonesia

Hello everyone, I was married to an Indian girl. Things didnt go well between us so we got a divorce through our Jamaath. Now I have a girl whom I like to get married. But the girl is from indonesia. I have a divorce certificate issued by that Jamaath. Can I just notarize my divorce certificate issue by the Jamaath and use for further attestation to get married in Indonesia. Or should I get a seperate divorce certificate. If so what is the process of getting the divorce certificate.
Asked 3 years ago in Family Law
Religion: Muslim

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11 Answers

Dear Querist

If there is any requirement for a divorce certificate/Divorce decree from the Indian court then you have to file a suit for a declaration before the family court in India and get the declaration decree of divorce from the family court which can be used all over the world.

 

 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

you can get divorce validated by family court in India 

 

2) file petition  in family court in india  that marriage is dissolved by khula nama signed by both parties in presence of witnesses 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

as on date you dont have divorce decree from court of law 

 

 

 

hence better get your divorce validated by courts in india 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

If your marriage with your ex-spouse was solemnised under the provisions of Muslim personal law alone and was not registered before a marriage registrar in India, then you may not be able to get a divorce decree from court of law, hence the Talaknama you obtained after dissolving the marriage in the presence of jamaat with a certificate issued by the jamaat certifying the dissolution of marriage in their presence would act as proof or evidence for divorce  or dissolution of your marriage between you and your spouse. 

There is no provision in law for obtaining a divorce certificate in India.

The divorce decree granted by a court of law would be a legally valid document to establish the dissolution of marriage by a decree of divorce. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You may obtain the documents mentioned by the authorities concerned in order to solemnise your marrige with the Indonesian bride as per Muslim law prevailing in Indonesia.

You may even approach Indian embassy at Indonesia for further formalities to register your marriage under the provisions of special marriage act

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You may obtain the documents mentioned by the authorities concerned in order to solemnise your marrige with the Indonesian bride as per Muslim law prevailing in Indonesia.

You may even approach Indian embassy at Indonesia for further formalities to register your marriage under the provisions of special marriage act

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You have to file a civil suit for a declaration before the family court of your area where you resided.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If your marriage is not registered as per Indian law then the marriage is not valid in India . If so no divorce decree is obtained from Indian court.If you need to married in India , just follow Indian law (foreign marriage act or Special marriage Act) and follow its requirements for valid marriage.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Dear Sir

To our knowledge, you can file for divorce in Indian courts and can get your divorce validated in the presence of some witnesses. Since you have the divorce certificate issued from the Jamaath and your marriage was legally solemnized and registered according to the Indian marriage laws, getting a divorce decree wouldn't be difficult for you. 

And the same divorce decree can be shown in the Indian Embassy of Indonesia to prove your valid divorce from your ex-wife. Your Marriage with an Indonesian Bride can be solemnized according to the provisions of the Special Marriage Act, 1954. 

Procedure for filing a divorce in India:-

  1. A signed JOINT PETITION is filled in the court by both parties. This petition contains statements by the partners, they no longer can stay together due to their differences and should be granted the divorce. 
  2. APPEARANCE OF THE PARTIES in the family court.
  3. EXAMINATION OF THE PETITION BY THE COURT.
  4. Once satisfied, the court orders for the recording of statements on oath. Thereafter, an order on the FIRST MOTION is passed.
  5. The most important requirement in mutual divorce is the MUTUAL CONSENT which is free consent of both parties.
  6. After hearing the recorded stamens and many attempts of failed reconciliation, the court will pass a decree of the final divorce.

Thank You. 

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Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. Are you an India too?

2. Dis you get married in India and registered your marriage?

 

3. Did you get any certificate of marriage issued by a Quazi in  India?

 

4. What document/paper you have obtained to prove that you have been divorced? Is there any talaqnama  issued by any Quazi  of Indonesia?

 

5. If yes, then get the said talaqnama validated by filing an application before the concerned district Judge in India.

 

6. Based on the said validated talaqnama, you can remarry in Indonesia.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

You shall have to get your traditional talaqnama  validated by the District Court in India and the said Court order will be accepted by the Indonesian Authorities as a valid divorce document.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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