• Divorce in Germany

Hello, My husband and I have filled mutual consent divorce in Germany ending our 12 years of courtship. We have hired a common lawyer in Germany and agreed with the divorce terms and the divorce agreement has been sent to court as well. We are meeting in the court in May,2022 for the next hearing. Since we got married in India under Hindu marriage act. What would be the next steps for me to get this divorce aligned in Indian court as well? I would be getting the divorce final settlement document in English and how should I proceed with this? Thank you!
Asked 2 years ago in Family Law
Religion: Hindu

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12 Answers

Mutual consent divorce decree obtained in Germany would be valid in India 

 

you can file petition in family court  for declaration that marriage is dissolved by Germany divorce decree 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

As both the parties have agreed to the divorce the decree is valid and enforceable in India. File a copy of the decree for execution in the Indian court.

Otherwise you don't have to do anything.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Any divorce decree by foreign Court on the grounds which  are not available in India is not valid and enforceable by Indian Court. Possibly the divorce  is  obtained in Germany on no fault ground which  are not available in India. You need to apply for divorce  in Indian Court by mutual consent. As divorce  is obtained in Germany, you will not be required to wait till cooling period of  six months, you will get immediate divorce in India. For divorce  from abroad at least one party has to be present in Court, the other party can appear through GPA and appear in Court through video conference.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together.

Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognised and valid in India.

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.
  • Judgments from "non-reciprocating territories," such as the United States,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.

Execution of foreign Decrees by reciprocating territories in India is governed by section 44A, CPC. The said section explains the execution of any decree passed by a reciprocating territory, i.e. any country or territory outside India which is declared to be a reciprocating territory by the central government.

Germany is nonreciprocating teritory of India

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

you have to get divorced here in India as well. 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

As you intend getting divorced by mutual divorce in Germany, the divorce is perfectly valid in India recognised by Indian courts. As you say you would get the final settlement document in English too, nothing else needs to be done further and it is enough you have the document in your possession.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

Hi, when the divorce granted by the foreign court and both the parties have participated in the proceedings then the divorce granted in Foreign court is valid in India.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Get the divorce validated in indian court again after the decree in Germany

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

- 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 have filed a joint petition under the mutual consent ground , then the decree of divorce granted by the said Germany Court would be valid in India , and you have do noticing more to get the said decree validated in INDIA. 

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

The divorce final settlement document is not an authentic proof to prove the dissolution of your marriage by a decree of divorce.

The court in Germany should pass a decree of divorce on the grounds of mutual consent alone and not a no fault divorce.

The no fault divorce is not recognised as a valid divorce in India for the marriage that was solemnised as per Indian laws. 

Further the divorce should be final and absolute and not a nisi. 

The divorce nisi is the time between when a judge grants your divorce and when the divorce becomes final.

Therefore you may inform your attorney/lawyer at Germany t make sure that the court passes a decree of divorce on the grounds of mutual consent only and not on the basis of no fault divorce. 

On the basis of above confirmation, you need not have to even get your divorce decree declared in India for any reason since this itself is a legally valid divorce. 

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

A suit for declaration to be filed in the family court to enforce the marriage in India dissolved by mutual consent decree passed in German courts.

Notice  by the family court would be issued to your spouse.  If there is no objection received,  court would validate the divorce decree.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Dear Client,

                 The order of divorce given by the foreign court ought to be legitimate. Foreign court judgment of divorce or termination of marriage can be valid in India given such pronouncement is in accordance with the divorce law in India as set by the Indian courts.So your divorce is valid in India.

Thanks & Regards

Anik Miu
Advocate, Bangalore
8830 Answers
110 Consultations

4.7 on 5.0

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