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.
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!
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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.
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:
You can decide about validating the divorce decree granted by Germany by adopting one of the above procedures.
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.
Forgot to mention that I am a German citizen but my previous marriage happened in India when I was an Indian citizen.
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
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.
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.
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
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
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
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.
- 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 .
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.