if it was no fault divorce then divorce decree is not valid in india
divorce should be on grounds recognised by HMA
better option is for person to file for divorce in india
A friend of mine is planning to get married with a person who recently got an ex-parte divorce. The person seems to have an uncontested divorce from the foreign court for about 5 years now. Given the situation, will there be any issues if they have a wedding ceremony in the presence of family members but not register the wedding until the expiration period of appeal? Please advise
if it was no fault divorce then divorce decree is not valid in india
divorce should be on grounds recognised by HMA
better option is for person to file for divorce in india
The person recently got an exparte divorce from India as well.
It's better you wait till expiration of appeal period. Else the order can be set aside by court in appeal
- As per law, if the matter is uncontested, one party comes back to India where marriage had taken place then the divorce granted by US Court will not be applicable in India.
- Further, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.
- Hence, if the said ex parte decree is granted by the US court , then it is not valid in India.
- Further , if the said decree is passed by the Indian Court , then your friend should wait for 90 days from the date of the decree,
- Further, if your friend do second marriage within the period of 90 days then the marriage will not valid and there will not relation as husband and wife in the eye of law.
It is better to wait till the limitation period for appeal lapses and then go ahead with remarriage.
Hi, Your friend need to wait till appeal period. Normally, appeal lies to the High Court with in 30 days from the date of the Judgment. After 30 days your friend can re marry to any one else.
The exparte divorce granted by a court of foreign country is not recognised as legally valid divorce in India for the marriage that was solemnised in India as per Indian laws. Therefore there is no question of expiration of appeal period.
Even if the other party do not prefer an appeal he can very well file a petition stating that the divorce granted in a foreign country is not valid and he still remains married to other spouse and has conjugal rights over the spouse, the Indian court will allow such claim.
Therefore instead of getting into legal tangles, better ask your would be spouse to file a divorce petition in India and get an exparte divorce in India which would be valid after which you can go ahead with the proposed marriage.
If the person had obtained an exparte divorce in India and if the appeal period has expired, then the person can go ahead with the proposed marriage in India.
An exparte divorce decree in a foreign country obtained by a person is not valid in India. It can be challenged anytime in India and the marriage is considered dissolved. The marriage still exists.
If he has also obtained a decree of divorce in India too then that is fine. That decree is valid in India. You may go ahead with the marriage. What you are suggesting is to register it afterwards. But marriage date is when one gets married.