• Divorce validity

Hi
My Ex and I had a traditional wedding in India followed by a court/registered wedding in Sydney.

We applied for a joint divorce application and the orders are in hand.

i am planning of getting married again with my new partner in India.

is my Australian divorce valid in India? do i need to do anything special to be able to marry.

Thanks in advance 
Deepak
Asked 3 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

Divorce by mutual consent obtained abroad is valid in India 

 

you can if you so desire file petition in family court for declaration that marriage is dissolved by Australian divorce decree 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

As your divorce was finalized in a non-reciprocating territories, the foreign decree can be enforced only by filing a suit in the district court for a judgment based on that foreign judgment.

If your foreign decree fulfills all the conditions provided under Section 44A CPC, it can be executed in India as if it was a decree passed by the District Court. After that, you can remarry.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. Since Australia is not recognised as one of the reciprocating countries by Indian Government, the order of divorce obtained from Australian Court has to be revalidated in India by the jurisdictional Indian Court.

2.  You can remarry after the above procedure is carried out.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If it is a divorce decree on the grounds of mutual consent, then it can be held as legally valid in India for the marriage that was solemnised as per Indian laws. 

If your marriage was not registered in India but registered only in Australia then it can be termed as a marriage as per Australian laws, therefore the divorce granted legally as per Australian laws is valid which cannot be disputed in india. 

If that is the situation there may not be any bar for you to marry a girl in India as per Indian laws provided you produce the divorce decree copy before the marriage registrar in India to prove that you are a divorcee. 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

Yes you need to get it validated in India for getting married in India and it's Admissibilty in india

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

First you have to go with Mutual Consent Divorce in the Sydney. only MCD done in foreign countries are accepted in the Indian courts.

 

Later on you submit in the Indian court same copy and perform second marriage.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the divorce in Australia is granted on a mutual consent petition by both parties, it is legally valid in India. Both are free to marry again after the cooling period, if any, in the divorce order expires.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Dear Client,

Yes you can serve a divorce notice from Australia also but the proceeding will be in India. 

If you give her divorce in Australia then it will not be valid in India. You have to file divorce in India only then it so possible.

There is also an option of seeking a divorce by mutual consent where both parties amicably resolve conflict and get divorced.

If you intend to remarry, you must give your marriage celebrant a Notice of intended marriage at least one month before the wedding date, and comply with other requirements of the Marriage Act 1961. You may complete and lodge the Notice of intended marriage with your authorized celebrant before the divorce order is finalized, but the celebrant must sight a copy of the divorce order before the wedding can take place.

Be prepared to provide the exact date of your divorce, as well as the state or country where the divorce was decreed, the exact grounds for divorce, and whether your former partner is still alive. It sounds morbid, but in order to ensure your union is a legal one, your local government will need to be absolutely sure that you're no longer married to your former partner. Once that's done, you're all set to get remarried.

 

Thank You.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer