• International Divorce (Married in India)

Hi,

My wife and I got married in India in 2013 and have been living in UK for the last 18 months or so. We have a 7 year old son ( all Indian passport holders). We have applied for a joint divorce and financial consent order in the UK. Queries

1) Will our decree absolute from UK be valid in India?
2) We have also signed a mutual financial settlement agreement and getting the UK court to get the consent order issued. will this still be legal in India?
3) Lastly, we have agreed on a child arrangement and have signed an agreement out of court witnessed by in UK. I understand this is not a custody order but an out of court agreement. Is this viable in India? I understand the risk of this being challenged later but so is any custody order. 

Please advise.
Asked 5 months ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

Well, the divorce stands valid unless any of the party files a case in India within a reasonable time, that the UK divorce was obtained by fraud or coercion. If you have agreed on all terms including financial and child custody, that can't be undone unless exceptional circumstances are established in later cases of at all preferred.

 

It's better to file for an execution here in India. You need not come to India for that. Both parties can appoint  GPA and do it virtually if need be. That's permissible, I've done it in a case.

All the best.

Srikanth Chintala
Advocate, Hyderabad
19 Answers

Not rated

1. If the divorce decree conforms to the Indian laws in this connection, it would be valid.

2. It cannot be enforced in India unless the legalities conform to Indian laws.

3. It is not enforceable because it is a mutual arrangement between you both 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

It  will be valid in India as divorce has been granted by mutual consent in IK 

 

2) financial settlement is valid in India 

 

3) better get orders from court regarding child custody 

 

4) wife may resile from our of court settlement of child custody 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Dear client,

  1. Indian law governs whether a UK decree absolute is enforceable in India. Foreign decrees may be recognized under Section 13 of the Code of Civil Procedure, however there are restrictions.
  2. If the mutual financial settlement agreement meets with Indian contract law standards, it might be accepted in India. These contracts are governed by the Indian Contract Act of 1872. 
  3. In India, child arrangements are frequently regulated under the Guardians and Wards Act, 1890. Although agreements reached outside of court may be taken into account, it is usually advised to acquire a formal custody order through the Indian legal system in order to have better legal footing.

Hope this helps you.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

1. Yes. As case is contested one or divorce is by mutual consent then in such decree be valid in India also.   .

2. Yes.

No. Incorrect. Since order of court is based on agreement of parties, hence, agreement and court order both are valid and is enforceable and is a custody order. Consent order can be challenged only in special circumstances and specific grounds. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

1) A decree of divorce on mutual consent passed by a competent UK court is legally valid in India.

2) If that financial settlement forms part of the divorce decree, it too is valid in India.

3) Yes, as you anticipate it may be challenged, it being not a custody order passed by a competent UK court.

Swaminathan Neelakantan
Advocate, Coimbatore
2823 Answers
20 Consultations

4.9 on 5.0

1. 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 divorce decree will be issued on the ground of mutual consent , then the decree passed by the UK will be valid in India. 

2. Yes, it will be valid in India. 

3. Valid in India , if that agreement is signed by the both the parties in the presence of two witnesses. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

Decree will be valid but the agreement if contested by one party will not be valid 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

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