You can remarry in NZ
however you continue to remain married in India
No fault divorce decree obtained in NZ is not valid in India
Divorce
I married in India in Nov 16.I have applied for dissolution of marriage in New Zealand in 2018.The address of my wife was not known hence all case papers etc served on her first available e mail address. She has replied to the said email on 12th July 20 and mentioned that I am not in NZ and I am not in favour of appointing lawyer for my side. Accordingly the Registrar of Family court NZ on 4th Aug 20, passed an order dissolving the marriage held on 16th Nov 2016. The said order was confirmed on 5th Sept 20 under the seal of District court New Zealand with remarks that it's a final order and can not be appealed. Now I would like to know can I remarry in NZ?. I am NZ resident and my would be may or may not be NZ resident. What will be the status of remarriage in India? Whether my divorce in NZ is valid in India? Kindly reply
Asked 1 year ago in Family Law
Religion: Hindu
7 Answers
Your divorce does not satisfy the conditions laid down in Section 13 and Section 14 and opposed to law laid down by SCI in Narsimha Rao’s case. Said divorce is not valid and enforceable. Any marriage without valid divorce will amount to second marriage subsisting first marriage attracting punishment of imprisonment seven years under Section 494.
You can remarry in newzealand but that order will not have admissibility in India
Since New Zealand is one of the reciprocating countries, divorce obtained from New Zealand Court would be valid in India provided equal opportunity is given to both spouses to put forth their points.
In the instant case, since your spouse has not attended the divorce proceedings inspite of intimation to her, ex-parte divorce decree obtained from New Zealand Court has to be revalidated in the jurisdictional District Court in India and then only it will be legally valid in India.
Only after revalidation of the New Zealand divorce decree in India, as explained above, you can remarry in India, which would be valid then.
- The followings are law for a decree of divorce granted by the foreign Court
- 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 foreign 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 foreign Court will not be applicable in India.
- Since , she has not partiticpated in the proceeding of the divorce petition filed by you then the decree of divorce granted by the NZ court is not valid in India , and in India she will be considered as your legally wedded wife.
The divorce granted by NZ is one sided decision, which is termed as 'exparte' divorce in Indian legal language.
The exparte divorce means when an ex-parte decree is passed by a Foreign Court, it would not be valid and conclusive in India.
If the decision is given on exparte basis without the wife participating in the divorce proceedings, then the divorce is not valid in Invalid.
In the given circumstance, if you have no plans to visit India and the proposed remarriage is to be solemnised in NZ itself, then you can go ahead with the proposal for remarriage.
Dear client since the marriage has been resolved through a final decree that for you can remarry in New Zealand
