• Divorce in Germany

Hello, I recently got divorced in Germany on Mutual consent grounds(Scheidungsbeschluss). I got the documents in German and English. What would be the next steps? Is any additional decree needed from the Indian court in order to allow the possibility for me to remarry? Can someone clarify that? Thank you!
Asked 3 years ago in Family Law
Religion: Hindu

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15 Answers

Yes, you need to have Indian Court Decree of Divorce.

 

Your Mutual Consent Divorce in Germany will be valid in India.

 

After availing Divorce Decree from Indian court you can can remarry later on.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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 . in India and Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Act.

A foreign judgment can be executed in two ways in India. The ways are as follows:

  • First, by filing an execution under Section 44A of the Civil Procedure Code. Section  44A states that a decree passed by Courts in reciprocating territories can be executed in India as if the decree was passed by the Indian Courts only.
  • Secondly, by filing a suit upon the foreign judgment/decree. For instance, the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India. Here the decree passed by the foreign court shall be considered as another piece of evidence.

You can decide about validating the divorce decree granted by Germany by adopting one of the above procedures.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

1. Since Germany is not in the list of Reciprocating Countries by Government of India, divorce document obtained from Germany has to be revalidated in the jurisdictional Indian Court.

2.  After revalidation in the Indian Court, you can remarry.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Mutual consent divorce obtained abroad is valid in India 

 

you don’t need to get decree validated by Indian courts 

 

you are at liberty to remarry 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

 

Your divorce decree is valid 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Divorce obtained by German national on mutual consent is valid in India. No further validation is required by Indian Court and there is no such procedure for validation of divorce decree pronounced by foreign Court in India.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Mutual Consent Divorce granted by foreign Court is considered valid, legal and binding in Indian Court by virtue of section 13 and 14 of Civil Procedure Code and also on account of comity of nations. However as a matter of abundant precaution, it's adviced to approach the jurisdictional Indian Court for declaring the divorce decree as valid and binding. After this procedure, you would be free to marry.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

A foreign judgment can be executed in two ways in India. First, by filing an execution under Section 44A of the Civil Procedure Code. Section  44A states that a decree passed by Courts in reciprocating territories can be executed in India as if the decree was passed by the Indian Courts only.

Secondly, by filing a suit upon the foreign judgment/decree. For instance, the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India. Here the decree passed by the foreign court shall be considered as another piece of evidence

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You will have to do as advised above even if you have renounced your Indian citizenship as your wife can initiate criminal complaint against you in case you re-marry if the decree is not executed in India

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Still you have to get Decree from Indian Court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The legal fact has been informed to you especially the things to be done post divorce in Germany, in connection with the marriage that was solemnised in India as Indian laws.

You can decide further course of action

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

You need to validate the divorce decree in India for its Admissibility in india

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Divorce by mutual consent is legally recognised by law in India. Nothing further needs to be done. Both parties are free to remarry after the expiry of any 'cooling period' stipulated in the divorce order.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

- 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.

- Hence , if the said decree of divorce is granted by the Germany Court on the ground of mutual consent in the presence of both the parties , then that decree is valid in India , and no further validation is mandatory , and hence you are free to remarry without any confirmation of that decree . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

Mutual consent divorce obtained abroad is valid in India.

You don’t need to get decree validated by Indian courts.

Your divorce decree is valid.

It is advised to approach the jurisdictional Indian Court for declaring the divorce decree as valid and binding. After this procedure, you would be free to remarry.

Both parties are free to remarry after the expiry of any cooling period stipulated in the divorce order.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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