Divorce decree should be on grounds recognised by HMA
2) no fault divorce is not valid in India
3) you may be divorced in New Zealand but continue to remain married in India
Single party divorce in New Zealand
Hi I was married in india 2017 dec and my wife came to Nz in 2018. Case went to family court with DV and Rape charges .family court NZ said not satisfied by her allegations and all charges dropped. I filled single party divorce and she was informed where she opposes it by saying. Not divorced in India yet, marriage under Hindu marriage act and dowry still owned she also mentioned she’s going to file police complaint in India against me and my family of dowry and DV, rape. My question is acc to Nz law 2 years separation is required and I have completed that. No case stand in Nz against me. Will I be able to get divorce in Nz and does NZ has no jurisdiction under Hindu marriage act. Will they grant my divorce and valid in india . I’m NZ citizen Kind Regards Chander
Asked 3 years ago in Family Law
Religion: Hindu
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11 Answers
Any single/ex party divorce obtained from foreign Court is not valid in India. Even for contested divorce there are very rigid conditions are laid down under Section 13 of Civil Procedure Code, 1908 and pronounced judgments by SC of India. A foreign is valid only if…
- It has been pronounced by a court of competent jurisdiction;
- Judgment is given on merit of the case;
- It should not have been founded on incorrect view of international law;
- It should be based on law recognized in India that is, Hindu Marriage Act or conventional Indian marriage laws.
- Judgment obtained should have been based on full play of natural law;
- Should not have been obtained by fraud;
- Judgment should not breach any law of India.
Above conditions are difficult to meet.
She/her parents can file criminal cases for DV, divorce, 498A, maintenance. She can submit such complaint through GPA. You can as well defend all civil and criminal cases through GPA from NZ.
The divorce decree obtained from N Z court is not valid in India, you may have to file a divorce case in India once again if you want to re-marry in India as per Indian laws.
If the divorce granted by NZ is not in accordance to the Indian laws, i.e., the grounds for divorce is not a legally recognised ground then it can be deemed that your previous marriage still subsists.
In that case you may not be able to register your re-marriage in India
Dear Client,
Only Divorce by mutual consent given by a foreign court will be valid in India. But since you are a NZ citizen the laws applicable on you will be the NZ. So, if you don't plan coming to India at all then getting divorce in NZ will be a better option. But the divorce won't be valid in India.
- 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.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If, the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- Hence, if she has not participated in the proceedings of the said divorce case , then the decree of divorce granted by the NZ Court will not valid in India.
You need to validate the divorce in India for its admissibility. It's not valid as your wife will oppose it
Hi, The divorce document granted by NZ family court doesn't state "Whether the divorce was granted by Mutual consent or ex-prate". Therefore, I have further questions: > How will the Indian court determine whether my divorce is by mutual consent or Ex-prate or contested divorce as it will not be explicitly stated on the divorce document itself > Also, since I'm an NZ citizen now and have renounced my Indian citizenship. Can I still be subjected to the Indian jurisdiction (Hindu Marriage Act law)? > The Ex-prate divorce I'm seeking from my ex is being contested by her on grounds of Hindu marriage act 1956. Once I'm divorced, will this be ground enough for her to challenge the NZ divorce in India? > As per my understanding since she has contested this divorce, once it's granted will it be considered ex prate in India?
Asked 3 years ago
Since marriage has been solemnised in india Indian courts would have jurisdiction
2) your spouse can contest divorce decree obtained abroad on grounds that NZ courts have no jurisdiction as marriage solemnised in india , divorce should be on grounds recognised by HMA
3) divorce decree mentions grounds on which divorce is granted
If she has not participated i the divorce proceedings and had not consented to divorce, then it can be said to be one sided divorce which is nothing but an exparte divorce, and not recognised as legally valid in India.
Therefore from the contents you have posted it clearly indicates that it is an exparte divorce granted by NZ court, which is not legally valid in India for the marriage that was solemnised in India as per Indian laws.
Dear Client,
Divorce by mutual consent ordered by a foreign court is valid in India. A divorce obtained on grounds other than the grounds enumerated under the Hindu Marriage Act if the parties were married under Hindu Law is not valid, as a divorce matter is governed by the law under which one gets married and not the law of the land where the party is residing.
If she has contested the suit that means she consented to the jurisdiction of that court and keeping the above point in mind the divorce should be valid in India.
- The reply already I have mentioned above i.e. if she not participated in the trial of divorce case in NZ , then the decree of divorce is not valid in India.
- Even you are not citizen of India presently , then also she has her right to file cases against you , on the ground of solemnization of marriage in INDIA.
1. You need to show the proceedings which will make it clear.
2. Yes for validation you can
3. Yes she can challenge it on basis of not following provision of law by NZ court in passing that decree