• Talaq validation in court

Married based on Islamic rites on August 2019 due to incompatibility issues pronounced Talaq to my wife on May 2020 and it was accepted by my wife. Talaq was validated by a final decree in family court and marriage was declared as void and null on March this year. With the proposed implementation of UCC, does this invalidate the decree issued by family court and do I need to apply for divorce again?
Asked 5 months ago in Family Law
Religion: Muslim

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10 Answers

Decree of family court is binding on parties 


you don’t need to apply for divorce again 

UCC has not been passed by Parliament 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

The UCC has nothing to do with the dissolution of your marriage. 

UCC has not even been drafted by the parties proposing it neither a referendum has been made yet. 

You don't have to stretch your imaginary apprehensions to this extent. 

It cannot be effected with retrospective effect even if it is enacted 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

No. UCC will not invalidate divorce allowed by court. However, wife is and will be entitled after UCC also to maintenance etc. as women of other religion are entitled. 

Siddharth Srivastava
Advocate, Delhi
1179 Answers

5.0 on 5.0

No, there is no need to file again. No retrospective power. 

Pawan Kumar Bhati
Advocate, Jodhpur
7 Answers

Not rated

Since in your case final decree passed by family court in March 2023 itself validating Talaq pronouncing the marriage as null and void and even if UCC is implemented it doesn't affect the final decree already passed in your case. If UCC is going to be implemented, it can be effective only from the date of implementation and can't be made retrospectively effective.  UCC will not invalidate the final decree already passed by the family court and there will be no need for your applying to obtain divorce once again.

Shashidhar S. Sastry
Advocate, Bangalore
4947 Answers
308 Consultations

5.0 on 5.0

Application of all enactments and decisions of Court are prospective under the doctrine of “Prospective Overruling.” Judgments, orders and decrees passed by Courts cannot be disturbed.

Ravi Shinde
Advocate, Hyderabad
4012 Answers
42 Consultations

5.0 on 5.0

Dear Client,

Since the family court passed a final decree in March 2023 validating your Talaq and declaring your marriage null and void, even if the Uniform Civil Code (UCC) is implemented, it will not affect the final decree in your case. The UCC can only be effective from the date of its implementation and cannot be made retrospectively effective. Therefore, the UCC will not invalidate the final decree already passed by the family court, and you will not need to reapply for a divorce.


Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

- 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.

- Since, she has accepted the Talaq , and also family court has passed final decree of divorce , then it will be valid in INDIA, and no further validation is required form India. 

- Further , as the said divorce has taken place on the mutual consent ground  as per Muslim law , then the decree/Talaq is valid , and UCC has nothing to do with this decision. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

No UCC will not have retrospective effect therefore it will not be invalid 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

UCC if and when passed and implemented will apply prospectively and not from an earlier date [ie retrospectively]

so past events will not be affected or disturbed

Yusuf Rampurawala
Advocate, Mumbai
7359 Answers
79 Consultations

5.0 on 5.0

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