It depends on what type of MCD decree is. If the divorce on grounds of “no fault” such decree is not valid in India and your ex can ignore it. If the divorce is obtained on grounds valid in India only than it be legal and operative in India.
Hi I am Indian citizen who lives in Australia as a permanent resident, I got married a Indian citizen in Australia and unfortunately divorced mutually after 3 years in Australia itself. Am I able to marry a Indian citizen in India . Do I need to inform Indian registar or authorities about previous marriage which is held in Australia Thank you
It depends on what type of MCD decree is. If the divorce on grounds of “no fault” such decree is not valid in India and your ex can ignore it. If the divorce is obtained on grounds valid in India only than it be legal and operative in India.
Hi do I need to inform the Indian authorities regarding this previous marriage in AUSTRALIA before getting married in India
1. Since Australia is not recognised as one of the reciprocating countries by the Indian Government, Divorce obtained from the Australian Court has to be revalidated in the jurisdictional Indian Court, to make the Divorce decree recognised in India.
2. After the Divorce decree is revalidated by the jurisdictional Indian Court, you can marry an Indian Citizen in India.
3. By producing the revalidated Divorce decree to the Indian authorities in the Registrar's Office, you can marry, register and obtain marriage certificate.
Your marriage was solemnised as per Australian laws and not as per Indian laws,though your wife was an Indian citizen then.
Hence there is no question of validity of divorce granted by Australia in India.
If you would like to remarry in India, to prove your marital status at the time of registration of your marriage in India, you can produce the certified copy of the divorce granted by Australian court
While registering your marriage in India, in order to establish your marital status, you have to give a certificate that you are a single or a divorcee or a widower etc., hence your divorce decree issued by Australian court would help you to establish your marital status.
You may have to attache the copies of the divorce decree along with the application for registration of your marriage under Christian marriage act in India.
While registering your marriage in India, in order to establish your marital status, you have to give a certificate that you are a single or a divorcee or a widower etc., hence your divorce decree issued by Australian court would help you to establish your marital status.
You may have to attache the copies of the divorce decree along with the application for registration of your marriage under Christian marriage act in India.
If you wish to get married in India, then you should inform about the previous marriage.A marriage in India is required to be registered under Indian marriage law. If a marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954.
Documents to be presented to the Indian authorities are usually:
If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office o in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued.
Dear client, you must while registration of marriage needs to specify all your background history that includes your previous marriage and divorce.
- 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 your divorce from the Australian Court is granted on the ground of mutual consent after filing joint petition before the said court , then that decree is divorce is valid in INDIA , and you are free to re-marry legally , and furthter validation of the said decree from the India court is not mandatory.
- Further, no information needed to give to India authorities regarding the previous marriage.