1) Is my divorce accepted in India.
Ans: Mutual consent divorce decree from foreign country is valid in India . The said decree has been validated by a District Court in India
2) Can I marry again in India.
Ans: You can marry
3) Will my ex husband have any rights over my parents property or mine in the eventuality of any mishap.
Ans: Your husband has no right on your parents property or your property
4) If my divorce is accepted then need I to register with any local body?
Ans: No need to register the same.
5) What are the steps that need to be taken if i need to validiate it in indian courts.
Ans: File a fresh suit before family court
6) How much time will the whole process take;
Ans: Depends up on court work loads
As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.
A foreign judgment in India can be enforced in the following ways:
- Decrees from Courts in "reciprocating territories" can be enforced directly by filing before an Indian Court an Execution Decree. UK is reciprocating territory so you can file execution if you got the divorce decree from UK court.
- Judgments from "non-reciprocating territories," such as the United States, AUSTRALIA, and GERMANY can be enforced only by filing a law suit in an Indian Court for a Judgment based on the foreign judgment. The foreign judgment is considered evidentiary. - The time limit to file such a law suit in India is within three years of the foreign judgment.
Under the Indian law there are two ways of getting a foreign judgment enforced.
- Firstly by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified therein are fulfilled).
- Secondly by filing a suit upon the foreign judgment / decree.
Judgments from "non-reciprocating territories," such as the United States, AUSTRALIA, can be enforced only by filing a law suit in an Indian Court for a Judgment based on the foreign judgment. For enforcing a foreign Judgment or an Award from a ‘Non-Reciprocating Territory’ of India, a fresh suit in an Indian Court with appropriate Jurisdiction needs to be instituted.