• Citations for foreign mutual consent divorce

Can you provide citations of court cases where foreign MUTUAL CONSENT divorce decree grounds being "Irretrievable Breakdown of Marriage" has been recognized in india?
Can you give me some examples of divorce cases?
Asked 1 year ago in Family Law from United States
Religion: Hindu
Since very case has its won unique case history the citations are distinguishable on the facts and has no universal application.
Unless you give case history no proper citation can be quoted.
Devajyoti Barman
Advocate, Kolkata
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1. A decree of divorce passed by a foreign court on a no-fault divorce petition which hav been attended by boththe parties is considered as mutual consent divorce by Indian Courts, 

2. The prime consideration is that the ground should be acceptable as per Indian law,

3. In the no-fault divorce case if both the parties attend the hearing pleasing that both of them think that the opposite party has no fault and still they want divorce, the said case is considered as mutual consent divorce case  wherein both the parties restrain to blame the other side but still want divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
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There are few of such decisions. I wonder why your current lawyer can not cite those decisions.
If you mail me I can surely help you on this account.
Devajyoti Barman
Advocate, Kolkata
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63 Consultations
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1. There is law and procedure in getting foreign judgement accepted by Indian Court,

2. After you have taken the decree of divorce from USA Court, get it vetted by some Indian court by filing an application for declaring that  the foreign judgement is conclusive u/s 13 of Code of Civil procedure.
Krishna Kishore Ganguly
Advocate, Kolkata
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261 Consultations
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Can you provide citations of court cases where foreign MUTUAL CONSENT divorce decree grounds being "Irretrievable Breakdown of Marriage" has been recognized in india?
Can you give me some examples of divorce cases?
You do not have to go behind citations, it is very much valid in India.  No need to get divorce again in India on that basis.


Could you please help me with citations where foreign mutual consent divorce was recognized in india?
It is notnecessary  to obtain divorce once again in India since the divorce granted in US was by mutual consent and she is very well aware of the same.
However if you still insist on some citations your lawyer himself/herself would be able to guide you. 

T Kalaiselvan
Advocate, Vellore
15202 Answers
138 Consultations
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1) if you have obtained divorce by mutual consent in USA your divorce decree would be valid in India 

2) divorce by mutual consent is one of the grounds for divorce recognised by HMA 

3) you don't need citations 
Ajay Sethi
Advocate, Mumbai
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1320 Consultations
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1) you don't need to take any legal proceedings in India 

2) you will be wasting your time and money by taking legal proceedings on India 

3) once your wife has participated in divorce proceedings and given her consent  she cannot take any legal proceedings to challenge divorce in India 
Ajay Sethi
Advocate, Mumbai
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1320 Consultations
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1. Citations do not help, so we do not search them. The fundamental rule governing citations is that every case is special on the face of its own merits. 

2. It is basic law that a divorce granted by a foreign court is valid in India till such time that an Indian court sets it aside as illegal on a challenge laid by either party.

Ashish Davessar
Advocate, Jaipur
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472 Consultations
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