• Divorce outside India

We both married in India in year 2001 by Hindu Rituals 
we are staying in Gulf X Country since 2003. 
My Wife left my flat in Oct 2019 along with 2 kids 
She filed Divorce and Maintenance case in Gulf X Country Family Court in Dec 2019 and Divorce verdict has given Gulf X Country Family Court on March 2021.
Please be noted that we both are staying in Gulf X Country since last 18 Years and both has contested Divorce Case in proper way through our Lawyers.
In between above divorce process I filed Divorce Case in India and recently summons has been issued to her and India Family Court ask her to be present in India Family Court on X April 2021
My Question :
1.	Since we both are staying in Gulf X Country since 18 years and we both have given consent to Gulf X Country Family Court. Is this Divorce is Legal in India because as per DV act you can file Divorce case at place where both parties resides…

2.	Some Experts have given me opinion that I should submit Gulf X Country Divorce papers in India Family Court and to inform Judge through my Lawyer that Divorce has been granted by Gulf X Country and to be valided in your Court.

3.	Some Experts opinion is I should remain silent and let Indian Court Lawyer allow to continue this case.. First Date is X April 2021 in case if she didn’t attend their will 2 or 3 more date and Court will award Ex Parte Divorce.

4.	Since Gulf X Country Family Court has given Divorce verdict on X March 2021 and it will take some time to collect Divorce Document from Court and my Indian Court next date is on end of April 2021 so some Experts suggested me to take Divorce case detail from website and submit in Indian Court through Indian Lawyer and request Judge to give next date till we will arrange all original document.
Asked 6 months ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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25 Answers

1. The divorce case can be filed in India at the place of marriage or at the place where both last resided together or the place where she currently resides in India.

If the divorce granted by the court at a gulf country is not in accordance with the Indian laws for the marriage solemnised as per Indian laws, then this divorce may not be recognised as legally valid divorce. 

2. If the divorce granted in Gulf country is not in accordance with the Hindu  laws or Hindu marriage act then you cannot get the divorce decree granted in Gulf  country validated in India.

3. You can follow your lawyer's advise on this subject.

4. First of all ascertain whether the divorce granted by a court of Gulf country is legally recognized as per Indian laws and then decide further course of action in this regard. 

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1) contested divorce decree obtained  abroad is valid in India 

 

2) you have to file petition in family court for validation of foreign divorce decree . Enclose certified copy of foreign divorce decree

 

3) with draw your divorce petition in India 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Dear Sir,

1) Divorce decree granted by foreign court will be valid in India under Section 13 CPC.

2) The following circumstances would give jurisdiction to foreign courts-
1. Where the person is a subject of the foreign country in which the judgment has been obtained;
2. Where he was a resident in the foreign country when the action was commenced and the summons was served on him;
3. Where the person in the character of plaintiff selects the foreign court as the forum for taking action in which forum he issued later;
4. Where the party on summons voluntarily appeared; and
5. Where by an agreement, a person has contracted to submit himself to the forum in which the judgment is obtained.

3) The divorce will be recognized in India if it was obtained with respect to grounds for divorce acceptable in India.

4) "irreconcilable differences" as ground of divorce is not valid in India.

5) You can file suit for declaration of decree as valid in family court under sec 7 on the next date with copy of decree.

Thank you

 

 

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

A foreign judgment is conclusive and valid where it…

  1. Has been pronounced by a Court of competent jurisdiction;
  2. Given on merit;
  3. Not founded on incorrect view of international law or a refusal to recognize the law of India;
  4. Not opposed to natural justice;
  5. No obtained by fraud;
  6. Judgment does not involve any breach of law India.

You have validly obtained a decree of divorce in foreign country, any divorce proceeding between the same parties for the same relief of divorce is redundant and fruitless. Going through the process of divorce in India is waste of money and time, that will not lead you anywhere. You can ask you Advocate  to just ignore the proceeding as it cannot be withdrawn without your presence in Court.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

Before I could answer any of your query, you have not disclosed or mentioned anywhere anything about what you want. Is this just another effort to harass your ex wife. Or you want things to be sorted the right way. In case the decree for divorce is for your future remarriage purposes then get one decree of divorce from the local court in India, but in that case last residence status of both the parties will be an issue in contention. So first make up your mind and word of advice you need not conceal anything from the court, the divorce has been granted by a court of foreign land anyways.

Amit Bhanot
Advocate, Chandigarh
10 Answers

Not rated

if you have contested the divorce in Gulf and its decided the same will not be applicable in india unless validated in india. But the same will affect your divorce proceedings in india if produced by your spouse.

 

yes court will award exparte divorce

 

yes you can arrange it as indian courts are functioning slow due to corona

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

You don’t need to be personally present 

 

since you have filed through POA he should remain present in court 

 

make application for with drawl of divorce petition through your lawyer signed by POA holder 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Dear Sir,

1.  You have to communicate your intention to the Principal judge where your case is pending and after recording your statement or with a written application for withdrawal, the matter could be withdrawn.

Thank you!

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

1. As per law, a contested divorce decree passed by the foreign country is valid in India , hence the Gulf court has passed decree then it is valid in India , and no validation needed. 

2. Yes

3. No , you cannot conceal the order passed by the foreign court even in Indian court

4. Yes, however a certified copy of the divorce decree can be admitted before the Indian court. 

- Since you have already filed the divorce petition in India, then after submitting the copy of the Gulf court decree you can withdraw the same with the help of lawyer , and your presence is not mandatory . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

1. Your lawyer can file a petition or memo  seeking to withdraw the case  for the reasons he may state therein.

2. Not necessary, your lawyer can file a memo on your behalf which would be sufficient to dismiss your case as withdrawn.

3. Not necessary

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. Your lawyer can withdraw but you need to send affidavit if your presence is not possible

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

You need to get divorce decree apostled in gulf country 

 

Decree Apostille is the true and accurate representation of The Divorce Decree of  facts or authenticity. Apostille means – the action of bearing the witness on it to affirm to be correct, real or genuine. The Divorce Decree Apostille is a report that expresses a conclusion about a specified Divorce Decree document’s reliability.

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

The said said divorce decree is Admissible if validated in Indian court. Translation from authorised transalater is admissible in court. You can submit only if Court directs involve ministry of foreign affairs. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

From your contents it can understood that the divorce decree granted by the court in a Gulf country has been granted on exparte basis i.e., without the other party not appearing or contesting the divorce case.

An Exparte divorce decree passed by any court in any foreign country for the marriage solemnised in India, is not legally valid in India. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1) if English copy has been attested by ministry of justice and ministry of foreign affairs in gulf country it should be accepted by family court 

 

2) since it was contested divorce and spouse participated in divorce proceedings it would be valid in india 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Dear Sir

A divorce granted in a foreign nation will be held valid in India unless it blatantly violates the personal laws by which the marriage was solemnized in India.

If you are not content with the terms of the divorce dictated in the foreign court, you can file a suit before an Indian court contesting the validity of the divorce settlement.

You do not need to be personally present and can get the same done using POA.

Thank you

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

You have asked a question in your previous post that whether the Indian court will accept this unattended divorce decree, which implies that this is an exparte divorce, hence before posting the information, you may recheck whether the information provided by you are facts or whether you have posted the proper information because you will be getting misguiding opinions and suggestions on the basis of the information provided by you in your query. 

In India there is no enactment dealing directly with the recognition of foreign decrees of divorce and judicial Separation- except the provisions in section 13 of the Code of Civil Procedure, 1908 and Section 41 of Indian Evidence Act, 1872, which are general in character and do not deal specifically with the problem of recognition of divorces.

The ground of divorce in the decision of the foreign court should be a ground available under the Hindu Marriage Act, 1955. For instance, if the ground of the foreign decree was cruelty on the applicant, this would be acceptable, as “cruelty” is a stated ground under the Hindu Marriage Act, 1955. But the same cannot be said for “irretrievable breakdown of marriage”, as this is not a ground under the Hindu Marriage Act, 1955.

 

Recognition of decrees and orders passed by foreign courts remains an eternal dilemma inasmuch as whenever called upon to do so, courts in this country are bound to determine the validity of such decrees and orders keeping in view the provisions of Section 13 CPC

Therefore you may ascertain the facts and the validity of the divorce decree passed in Gulf country in India before withdrawing the current divorce case in India. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Generally judges don't dismiss the same if disputed by any party in Indian court but if the same is dismissed on basis of foreign decree you don't need validation

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

- The consulate of India having no authorization to attest a court order/decree 

- Since the English is attested by the ministry of justice and ministry of foreign affairs , then it is legally acceptable in Indian court . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

The information provided is sufficient 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

- The said information to the court is sufficient but it should be enclosed with the attested copy of the decree passed by the Gulf court. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

It's enough

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Divorce petition is filed in Gulf by wife and was dismissed. After that a divorce petition is filed by in Indian Court. subsequently divorce of wife restored and the same is granted by obtaining consent of wife. Now you want to withdraw divorce case filed through POA in India. File your pursis like this…

“Honoured Sir,

The petitioner submits that…

  1. A divorce petition is filed by respondent herein against the petitioner in the Hon'ble Court at xyx which was dismissed due to default of respondent. After the dismissal of said divorce petition this petition filed present petition in his Hon'ble Court.
  2. Subsequently the divorce petition file by respondent in Hon'ble Court at xyz was restored and divorce by consent is granted by the said Court.

It is therefore prayed that the this divorce petition may be dismissed as with drawn in the interest of justice and circumstances stated above.”

 

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

First of all before withdrawing the divorce case in India,  confirm if the divorce granted by the gulf court is recognized as legally valid in India or not because sometimes if the grounds for divorce by a court of foreign country do not conform to the provisions of Indian law then as per Indian law you will still remain a married man. 

This withdrawal memo should contain more specific details and to the point which is to be considered by Indian court. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear Client,

You may book a consultation with us for further advice.

Thank you.

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

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