I hope this letter finds you well. I am writing to seek guidance and assistance regarding the registration of a divorce order issued by the Family Court in Australia, to be recognized in India. The divorce was mutually agreed upon between myself and my ex-partner, and it was formally decreed by the Family Court in Australia. However, my ex-partner currently resides in India, necessitating the registration of the divorce order in India for it to be legally recognized and enforceable in that jurisdiction. I would greatly appreciate any guidance on the procedural steps, documentation requirements, and any other pertinent information necessary to facilitate the registration. Please let me know at your earliest convenience about your availability for a consultation or any other preferred mode of communication for discussing this matter further. Your timely assistance and guidance in this regard would be immensely valuable and greatly appreciated.
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2)
file petition in family court under section 7 of family court act for declaration that marriage is dissolved by Australian divorce decree
3) notice would be issued to wife
4) if no objections are received court would pass orders that marriage is dissolved by Australian divorce decree
Dear client, the registration of foreign decree can be done under code of civil procedure. If the decree or order is from reciprocating territory of india then it can be registered by filing a execution petition in the court under sec 44A of code of civil procedure.
But in this case australia is not a reciprocating territory. So, the order can be directly registered when flied in the court. It can be treated only as an evidentiary value. A new suit for divorce has to be filed in the court with the foreign order and then the court will decide with relation to foreign order.
There's no provision to register the Australian divorce in India.
You can file a suit in a civil court within the jurisdiction where marriage was solemnized in to declare the Australian divorce as legally valid.
For that you both have to be present in India to conduct the suit for an expeditious disposal.
Alternately you both can file a mutual consent divorce case in India and based on the Australian divorce you can apply for waiving the six months waiting period and get the divorce decree immediately.
You can consult any lawyer either from this forum or outside for proceeding further
You have to file petition in court in india for the execution of the Foreign court order and enforcement. Where your marriage was solemnized and your wife address ?
You can get the divorce decrea validated in India and.seek directions from Indian court for its admissibility in India
The divorce decree/order has to be executed in India and for that an execution application has to be filed. Kindly contact if interested.
There is nothing called registration of divorce in India.
What you can do is to get a mutual decree of declaration from the court in India.
- 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.
- If the said decree is granted by the Australian court on the ground of mutual consent , then it is valid in India and further no validation is required from Indian court.
- However, if you want an order from the Indian court , then you can file a petition under section 7 of family court in India after submitting the said decree order.
- You can contact any lawyer from this website for the said work done.
1. If both of you have availed the Decree of Divorce by filing a mutual consent divorce petition complying with all the terms as mentioned in Hindu Marriage Act or Special Marriage Act, then it will be accepted by the Indian Courts.
2. Now you shall have to file a petition before the local District Court in India praying for approving the said Decree of Divorce passed by the Foreign Court on mutual consent following all the terms as specified by the Hindu Marriage Act of Special Marriage Act.
Dear Querist,
As the divorce was granted by Australian Court based on mutual consent which is also a part of Hindu Marriage Act applicable to Hindus as section 13B, hence your decree is very much valid not only in India but also in the whole word. even when nobody is there to challenge this decree then there is no requirement.
registration is only for the satisfaction than approach the district magistrate of concerned area where the marriage was solemnised, or both of you were resided together lastly in India or where any of you were resident, deposit the fee along with certified copy of the Divorce Decree passed by the Australian Court and pay the requisite fee which is based on the state.
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