• Married in India mutual divorce overseas, is it possible?

Got married in 2011 as per Hindu marriage act in India, No children and getting mutual divorce in Australia. Do I need to reapply for divorce in India? Can I remarry in India? How can I ensure there is no more legal hassle? Please help!
Asked 1 month ago in Family Law from Australia
Religion: Hindu
Once divorce is granted by mutual consent abroad it would be binding upon parties 

2) you can remarry in India 

3) if you so desire seek declaration from family court that marriage is dissolved by decree from foreign court 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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1) it is not necessary to file petition for declaration but since you want to be absolutely safe advised you to do so 

2) contact a local lawyer in India 

3) file petition under section 7 of family court for declaration that marriage is dissolved by decree of foreign court 

4) you would have to be present for filing petition 

5) you can execute POA in favour of family member to attend d court on your behalf 

6) it would take maximum 6 months or so 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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Hi
You can get mutual consent divorcece I foreign country.
The decree by a Foreign court can be affirmed by a declaration from Indian court.
Fir this you should apply in the family/or district court for the declaration of the decree absolute and valid 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. Since you are getting divorce on the ground of mutual consent, the said divorce is treated as availed on the ground of mutual consent which is acceptable by Indian court as MCD.

2. So, you shall have to get the said decree of divorce granted by the foreign court validated by the local District Judge.

3. Without getting the said foreign decree of divorce validated by Indian court, you can not marry again in india and still considered as married couple.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. File a petition for getting the said foreign decree of divorce validated before the local District Judge.

2. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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Dear Querist
Divorce by way of mutual consent in Australia is valid in India too as the divorce was granted by Australian court based on MCD which is also a divorce in India, hence the court order passed by Australian court is conclusive and valid.

If you want any order of Indian Court then file a joint petition before family court for declaration or file seperately, under section 7,8&20 of Family Court Act.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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Hi 
The divorce proceedings being held in Australia are  Valid if 
a) the parties with their willful consent have submitted themselves to the jurisdiction of australian courts and 
b) if the decree of divorce granted is based on mutual consent,

If the above conditions are met, then there is no  necessity for you to get the Divorce decree ratified/Validated in India. 

Please refer to Supreme court judgment in Mrs. Anoop Beniwal vs. Dr. Jagbir Singh Beniwal; Decided on 25 October 1989
The notable point in the above case is that (a) the women had accepted the authority of the Court of England and (b) the Court of England had granted divorce on grounds which are akin to the grounds  as provided in Hindu Marriage Act. 

Hope this information is useful
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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1. The decree of mutual divorce granted by a court outside India has the same legal force as it would have in the country where it is granted. So you do not have to reapply for it in India. It will be legally valid in India for all reasons.

2. However, nothing stops any of the ex-spouses to file a suit for declaration in the competent court in India to seek a declaration that the decree is compliant with the Indian law. The limitation is 3 years from the date of decree.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
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Though you have married in India, you desire to get mutual consent divorce in Australia. 
The divorce so obtained in Australia is very much valid and you need not apply for validating the same in India once again.
You can very well remarry another person in India or elsewhere after getting divorce decree in Australia.
There is no legal infirmity in it 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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How should we proceed on getting the declaration after the foreign court has granted divorce? Is there any timeline attached? Do we have to appear in Indian court for getting this declaration? Can Indian Embassy help?

There is no need for any declaration of the same either through court or embassy.
The divorce decree granted in Australia on the grounds of mutual consent is very much valid legally in India.
Dont waste your time, energy and money on such unwanted ideas. .
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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