• How to obtain divorce decree from Gujarat court if you're not in India

I divorced in 2011 in India Gujarat it was of mutual consent divorce. So we received divorce deed only from court. At that point I dint know the difference between divorce decree and divorce deed. After that I came to United States for further studies and still living in U.S. Now, I remarry to US citizen where my spouse is sponsoring me for Green-card. I presented my all documents including my divorce deed where my U.S attorney informed me U.S Govt. don't except deed and it has to be decree. Please advise me how should I obtain my divorce decree from INDIAN GOVERNMENT?
Asked 3 years ago in Family Law
Religion: Christian

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7 Answers

Contact lawyer who helped you in obtaining divorce 

 

apply to court for certified copy of divorce decree on urgent basis 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

It appears that you have been misinformed or cheated by somebody stating that the divorce deed is the divorce decree. 

The court will not grant a divorce deed. 

It will pass a decree and judgment based on the divorce case filed before it. 

Therefore it is pertinent that you have to approach court once again with a divorce case on the grounds of mutual consent and obtain a decree of divorce to prove the dissolution of your marriage. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

you need to apply in gujrat court for the certified copy of the same if earlier not aplied by you and taken. They will provide you the same. 

Dear Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Draft a GPA giving power to friend/relative to obtain certified copy divorce  decree from Court. Get the GPA attested by Indian Consulate and send it to person named, he can obtain such decree from Court furnishing details O.P. Number, names of  parties, date of order etc. it will take not more than one month if perused properly.

Ravi Shinde
Advocate, Hyderabad
5129 Answers
42 Consultations

- Since , the divorce already allowed by the family court in Gujrat , then you can apply for getting Divorce Decree .

- You can approach any relative or same lawyer for getting the Divorce Decree from the Court record ,as it will already in the court file . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

There is no such thing as a divorce deed. The court would have issued only a divorce decree based on your application on mutual consent. Get a certified copy of the court decree from the court's registrar through your lawyer who handled the divorce matter. Government of India is in no way involved in the matter.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client,

                  You can search case details from online search on ecourts website. it is a simple application for obtaining certified copies on payment of requisite fee for photo copy fees the court shall grant you copies. You donot need a lawyer for copies.You can go to the registrar(In the court office) and apply for a certified copy of the Divorce Decree and Judgement on payment of the nominal fee.Once you apply for the certified copy it will take some time for it to made ready.In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid.So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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