• Divorced in UK married in India

I was married in India in 2006 under Hindu marriage act when I was an indian citizen habitually resided in india. Moved to the uk in 2011 and gained UK citizenship in 2018. Had to divorce my wife in 2019(mutual consent - Unreasonable behaviour) and obtained Decree absolute in UK as habitually resided for 8 years here and being a UK citizen.Both myself and my ex wife have no plans to return to India. Now, Is my divorce still valid in India? And should I ac
Asked 6 years ago in Family Law
Religion: Hindu

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24 Answers

See if it was a mutual divorce same is valid in India. 

You can file a declaration petition before family court india seeking declaration of divorce and your divorced status, though if you and your wife mutually agreed to it and there is no objection you do not have to necessarily do it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You and your wife has divorced mutually choose jurisdiction as UK the decree is valid in India.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your mutual consent divorce is valid in India. If the other party takes objection to your second marriage than you have to apply for divorce in the Indian court on the basis of mutual consent divorce.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes it's valid in India of validated in Indian Court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Divorce by mutual consent granted by UK courts is valid in India 

 

2) you can file petition for declaration under section 7 of family court act that marriage is dissolved by UK divorce decree 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

File petition in family court in India for declaration that marriage is dissolved by UK divorce decree 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

decree from the UK Court is VALID in India, however, to avoid any legal complications you can file a declaration suit to declare the UK degree as valid in India

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. Divorce decree passed by a foreign court is absolutely valid in India, more so if it is mutual consent divorce.

2. Nothing is required to be done in India.

3. You are free to remarry,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since your wife was also ordinary resident of UK and she subjected herself to the jurisdiction of UK court while getting divorce on her mutual consent , the same is very much valid in India.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your divorce from the foreign soil is not valid in India so you have to file a divorce petition in Indian family court to get your divorce ratified by the family court in India as your divorce petition was please based on mutual ground so it will be similar over here as well and you will get divorce in least possible time. This will give you opportunity it you again wish to marry in India.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If your wife did participate in the divorce proceedings then the divorce is final and valid in India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

But you should file an execution application against the decree that you obtained from the British courts.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Mutual consent divorce decree by foreign Court is legally binding and enforceable in India as both the parties had voluntarily submitted to the jurisdiction of the foreign Court making the decree binding on both of them.

Decree passed by a Foreign Court has either to be executed under Section 44A or a fresh suit has to be filed for its enforcement in India.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

File petition in Indian court as advised above to enforce the decree of divorce by the foreign Court.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If both are agree with mutual divorce, valid in India.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- 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.

- Further, if the matter is contested between parties in UK 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 UK Court will not be applicable in India. 

- Furtner, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.

- Ex-parte means , One party divorce. 

- Since, you have granted mutual divorce from the UK court , hence is valid in India as well , and you are free to do new marriage. 

- Further, if you want to marry in India with an Indian citizen , then you should registered your marriage under the Special marriage Act. from the office of the marriage Registrar ,where girl is residing . 

 

Good luck and dont forget to rating Positively.  

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The divorce on the grounds of mutual consent granted by a foreign country court for the  marriage solemnised in India as per Indian laws is no doubt recognised as legally valid in  India provided the reasons shown in it are  in conformation to the reasons that are accepted as valid reasons as per Indian laws.

The mutual consent is okay, but what unreasonable behavior?

In mutual consent divorce, difference of opinion and incompatibility are considered as valid reasons here in India.

However since you both have decided not to return to India nor object or contest the divorce granted in UK, there can be no problem about this  in India. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can very well marry again in India to an Indian citizen based on the divorce granted by a court in UK on the grounds of mutual consent if the same is not objected by your ex-spouse.

This divorce decree would be sufficient to prove the dissolution of your previous marriage for the purposes of registering your remarriage with the marriage registrar in India.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

mutual consent divorce granted by foreign Court is considered as valid.you can file declaratory suit in indian court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File declaratory and enclose mutual divorce  certified decree .

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Yes it will be considered valid in India If both of you were present at time of divorce.

2. No you don't need to do anything in India to remarry another person.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Foreign decree including decree of divorce is not valid in India unless the same has been applied for and availed on grounds acceptable by Indian law and rule prevailing in India for dealing such cases have bee followed.

 

2. Mutual Consent Divorce decree availed by filing an application jointly in UK and well attended by both the parties during the dates of hearings, is considered as valid as per Indian law.

 

3.However, the said foreign decree of divorce is required to be validated by the local District Judge in India for which an application shall have to be filed by you.

 

4. Without getting the said foreign decree of divorce availed in UK   by Indian Court, both of you shall be considerd as married couple in India and can not marry again as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You shall have to get the said UK decree of divorce validated by the District Judge in India as advised in my earlier post.

 

2. If you marry again with out getting the said foreign decree of divorce validated in India, you both shall be charged with the offence of bigamy u/s494 of IPC  punishable with jail term for a maximum period of 7 years with fine.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

Foreign divorce will be recognized in India if it does not violate Section 13 of Civil Procedure Code. In this regard you can take divorce in UK and have court order in India after divorce that provision of Section 13 are not affected or alternatively you can take divorce in India. If your divorce violates Section 13 of Civil procedure Code then your divorce will be void and you may not re-marry in India.

 

UK divorce decree is perfectly valid in India if it has not been made under these circumstances; a) Where it has not been pronounced by court of competent jurisdiction; b) Where it has not been given on the merits of the case; c) Where it appears on the face of the proceeding to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; d) Where the proceeding in which the judgment was obtained or opposed to natural justice; e) Where it has been obtained by fraud; f) Where it sustains a claim founded on a breach of any law in force in India. If you are holding a valid decree then file it in the family court having jurisdiction for recognition and enforcement of the said decree .

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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