• Mutual concent divorce from Sweden

Hello
This question has been asked in other thread as well. We filed and would soon get our divorce by mutual consent from France as we lived there.
1.) What was confusing in other thread was if or not I also need to get this decision validated by courts in India.
2.) How do I deregister my marriage in India 
3.) After the decision is already given what if after few years my wife starts asking me alimony as in France we agreed on no alimony when doing divorce here
Asked 3 years ago in Family Law
Religion: Hindu

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11 Answers

1. General Principle of Law (Section 13 CPC). A foreign divorce decree is recognized and is considered final and valid in courts in India, unless the decree is legally flawed under general and divorce laws.

2. A valid marriage certificate cannot be cancelled/de-registered in India

2. If an express agreement has been made that alimony shall not be demanded, then in no circumstances the demand of your wife for alimony will be entertained (even in Indian Courts)

3. Please draw a pre-nuptial agreement to avoid such hassles

Thank you

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

A mutual consent divorce petition has been filed in France and you will get a divorce decree which would be valid in India as both of you accepted the jurisdiction of the foreign court and have mutually agreed to separate.

An execution application must be filed in India. She cannot backtrack and say/ demand anything in India once she has given consent.

Don't worry.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It is advisable to get divorce decree validated by family court in india 

 

2) wife can always claim alimony at later stage even if she has not claimed alimony earlier 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Since you both are living in abroad and file a joint petition for mutual divorce , then the said decree passed will be valid in India , and not required to file any case in India for validation. 

2. Not required

3. If there are contents in written in the divorce decree or an agreement , then she cannot claim the same in future. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

I believe that your marriage was solemnised as per Hindu Marriage Act
As per Indian Laws, a foreign decree of divorce is recognised as a valid order if it has been proceeded as per HMA.. If you have any apprehension about its. Challenge in future you can file a declaratory suit in India for confirmation. 
There is no law to cancel the certificate of registration. Decree of divorce suffices. 
If you have entered into a written settlement at thr time of mutual petition for divorce and wife acknowledges the settlement, I don’t think there will be no problem. 

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

1. There's no need to revalidate your divorce decree obtained from France in India as France is recognised as one of the Reciprocatory countries by Government of India.

2.  There's no need to deregister your marriage in India, as your divorce decree obtained from France is recognised in India.

3.  To prevent your wife from asking for Alimony at a future date, after divorce, publish a Public Notice in English and local language newspapers in India regarding the divorce decree obtained from France.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Since declaratory decree to validate foreign marriage Isa long drawn process in India,  it's advisable that you go for mutual divorce here. 

Foreign degree can be challenged by either of the parties in India unless he/she remarriage .

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. If the divorce granted by a foreign country court is not in accordance with the legally recognised grounds for the marriage that was solemnised as per India laws, there is no question of validating the divorce in India, you may have to file a fresh divorce case once again in India.

2. There is no provision in law for that.

3.  As per Indian laws a divorced woman can ask for maintenance even after divorce, provided she do not have any source of income to sustain her expenses. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Decrees passed by foreign courts based on foreign acts and rules are not considered as valid in India. However, mutual consent divorce decree is considered valid if all the steps required to be taken by Indian Courts in case of passing decrees of MCD have been taken by the said foreign Court. Even if the said decree of Mutual Consent Divorce has been obtained following Indian Act, the said decree shall have to be validated by the appropriate District Court in India for which an application to that effect shall have to be filed by you.

 

2. Once you get the said foreign decree validated, the Court order will mention that your marriage has been cancelled.

 

3. There are few instances where wives have filed maintenance petition even after a long period of being divorced after taking alimony on the ground that situation has changed for which they require additional amounts for their maintenance. Those are all unique cases and if you face such case, you shall have to contest it fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. No petition has to be filed in any court in India to validate it. It is valid by default.2

2. There is no option under the Indian legal framework to deregister the marriage.

3. A mutual consent divorce decree passed by a foreign court qua Indian citizens can be challenged only on the ground that consent was obtained fraudulently/

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you are married according to hindu marriage act you have to pay alimony despite mutual consent. Get the decree approved by indian court. 

Regards 

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

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