• Divorce

I am a female, Keralite, married as per catholic rights in Kerala. Thereafter moved to U.K and latter to Australia ( I have citizenship from both places). I am also OIC holder. Recently I got divorced . It was MUTUAL and NOT CONTESTED. ( I have two daughters)
1) Is my divorce accepted in Inia.
2) Can I marry again in India.
3) Will my ex husband have any rights over my parents property or mine in the eventuality of any mishap.
4) If my divorce is accepted then need I to register with any local body?
Thanks
Asked 4 years ago in Family Law
Religion: Christian

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

19 Answers

Hello, 

  1. As you both have participated in the proceedings, it should be valid in India, provided the proceedings took into consideration the laws which governed your marriage. You have the option to get the decree validated by a suit of declaration by an Indian court. 
  2. You can. 
  3. No, once you are divorced, the husband has no rights whatsoever in the eventuality of any mishap or any rights of succession/inheritance.
  4. No. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Hello, 

  1. There can't be any problems, unless someone disputes the validity of the divorce you obtained overseas. You can wait and watch, if you so choose. 
  2. You need to engage a lawyer in India and provide him a certified copy of the order by the court and documents to verify you and get the sit filed. 
  3. The time factor depends on quite a few things like return of summons. In any case the process can complete within 6 months to one year. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Mutual  consent divorce is valid in India 

 

2) ex husband has no rights on your parents property or your property 

 

3) you can file petition in India under section 7 of family court act for validating divorce decree 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Reply has been given on the website 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

File petition under section 7 of family court act 

 

it should not take more than a year 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear ma'am,

1. If both the parties were present in the proceeding and it is a mutual divorce then the decree of divorce will also be accepted in India. A suit for declaration must be filed declaring that the divorce is valid. it can also be executed under section 44 A of CPC

2. A person after getting a divorce can marry again after 90  days of passing of such decree (eliminates the risk of appeal) but due to the pandemic, the limitation period of 90 days is extended. Also while registering your marriage again you would need the decree of divorce of the foreign land and declaration by Indian courts

3. With the divorce, the husband has lost all of his rights over the property of yours as well as your parents.

4.  No need of registering it with a local body.

 

Thank you

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

1. MCD decree passed by foreign country is ordinarily accepted by Indian Courts provided the said decree has been validated by a District Court in India.

 

2. Your foreign decree of divorce passed on the ground of mutual consent will be considered as valid only if you get the same validated by filing an application before the appropriate District Judge and till then you will be considered as married to your said husband. Once you get the said decree validated by Indian District Judge, you can remarry.

 

3. If you do not get your foreign decree of divorce validated by Indian District Judge, your husband will be legally considered as your husband in India and he will get all the rights/benefits/amenities one husband enjoys over his wife's properties after her demise.

 

4. Once your foreign decree of divorce is validated by the Indian District Court, you shall be considered as divorced from your said husband and will not be required to register anywhere.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

Mentioning of phone no. and email no. is not allowed in this portal.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. If you do not get your foreign decree validated by filing an application before the local District Judge in India, you and your husband will be considered as married couple and none of you will be able to remarry legally.

 

2. File an application before the appropriate District Court in Kerala praying for validating the oreign decree of divorce obtained by both of you by jointly filing th divorce case there.

 

3. It can not be foretold now because of the pandemic situation  but ordinarily, it should be over within 6 month.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. The Mutual Consent Divorce obtained by you in either U.K. or Australia is recognised in India, as both U.K. and Australia come under Reciprocating countries.

2.  Definitely you can marry again in India.

3.  Your ex-husband will not have any right over your property in case of any mishap.

4.  There's no need to register your divorce with any local body as you have obtained divorce from a repository country recognised by Government of India.

5.   There's no need to validate your divorce decree in India since you have obtained divorce from a repository country.  If your divorce decree was from a non-repository country like USA, then the divorce decree obtained from non-repository country had to be revalidated in India.

 

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

1. Since your divorce was based on mutual ground , then it is valid and accepted in India.

2. Yes , you are free to marry 

3. No, he is now alien for you , and not having any right over you , yours and parents property .

4. No, it is valid in India and not need to register with any local body 

- Further you can register the coming marriage in India without having any objection. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. Even if the divorce was granted b y mutual consent on the grounds of irretrievable grounds or irreconcilable differences or no fault divorce, then it may not be valid in India for the marriage solemnised in India as per Indian laws.

2 Hence, if the court granted divorce on mutual consent for incompatible reasons, then your divorce is valid in India by which you can become eligible for remarriage in India.

3. If your divorce is not legally valid in India, then your marriage has not been legally dissolved, hence your relationship with your ex-husband will remain as husband and wife. In that case if you happen to die intestate, then a a widower he can claim a legitimate share in the property lying on your name or left behind by you without making any arrangement to transfer the same to anyone of yor choice during your lifetime.

4. If your divorce granted by a court in the foreign country's court is recognised as legally valid in India, then you need not register your divorce anywhere in India. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You have raised your queries here, hence yo will be eligible to get the answers here in this pubic forum only.

If you have any query to be asked from any particular lawyer of this forum, you may contact the chosen lawyer personally by getting their details from this forum.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The suit of declaration for declaring your divorce as valid will not be maintainable in Indian courts if the grounds by which the divorce granted in court of the foreign court is not recognised as legally valid as per Indian law, in that situation you may have to apply for divorce once again in India, especially if you have plans to remarry in India and get it registered.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Once you got divorced as per the laws of a foreign country your status would be of a divorcee in India. The condition is that both of you must have participated in the divorce proceedings in a foreign country which i presume was done.

After the divorce you both have no rights over each other. Yeah you can marry again in India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have to file an execution application before the district court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It will not take much time. It is a mere formality. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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. 

  1. Firstly by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified therein are fulfilled).
  2. 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. 

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

1. A foreign decree of divorce is by default valid in India, but it can be challenged by the other ex-spouse on the grounds enumerated under the Indian law. However, there is no scope to challenge a mutual consent divorce decree except if the person who mounts the challenge can prove that his consent to mutual consent divorce was obtained fraudulently.

2. You are free to remarry in India.

3. Your ex-husband has no rights in your property, much less your parents.

4. There is no provision to register a decree.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer