Hi, I got married in 2015 in India, marriage was registered in Haryana. My ex wife came here in Jun 2016, we didn't get along and she filed a DV charge on me. We went to court in 2017 and separated. In NZ you have to wait for 2 years after separation to file for divorce. We both filed and our marriage was dissolved by the court in 2019. Now I want to get remarried in India, will my NZ divorce hold in India? Can I register a marriage in India using my NZ divorce? Please let me know. Thanks Jeet Singh
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1. No. the contested divorce decree passed by the foreign court is not valid in India.
2. You two are still considered as man and wife in India as per law and you will face the charge of bigamy if you remarry without getting the decree of divorce in India.
3. So, file a divorce suit in India on the ground of cruelty. If your wife agrees, both of you can jointly file Mutual Consent Divorce petition which will be decided with in 6 & 1/2 months from the date of its filing.
Hi, my exwife is also a NZ resident. She's domiciled in NZ now, how will the Divorce proceedings take place? Our case was in the NZ family court, I never faced any charges but the judge gave his decision in her favor saying "There might have been some violence in the relationship". Can she use NZ judge's decision in her favor if I apply for divorce in India? She will never agree for mutually consented divorce. They will try to extorte money from us. Is there any other way?
Yes it's valid but you need to get it validated in india
A divorce obtained with consent of both in a foreign Court is absolutely valid and enforceable in India. The problem arises only with contested divorce. You can very much marry in India producing divorce obtained from NZ Court. There is no need to seek any validation of divorce by Indian Court. There is no such procedure for validation of divorce.
If your wife has participated in divorce proceedings in New Zealand your divorce decree would be valid in India
divorce should have been granted on grounds recognised by HMA
If you file for divorce in India wife can take the plea that marriage is dissolved by New Zealand divorce decree
contested divorce proceedings take years to be disposed of
- As per law , a foreign decree of divorce granted on the ground of mutual consent is valid in India , as well as a contested divorce is also valid in India
- If you both have filed the joint petition in NZ Court for divorce on mutual consent , then it is very much valid in India , and no need to validated in India. and both are free to pass their respective life as per wish.
- Further, if that decree of divorce was granted in the absence of other party , then that is not valid in INDIA.
The Indian Legal System categorizes Foreign Judgments and Awards from all the quarters of the world into two groups, Viz. (a) Judgments and Awards coming from the ‘Reciprocating Territories’ of India and (b) Judgments and awards coming from the ‘Non-Reciprocating Territories’ of India.
New Zealand come to Reciprocating Territories of India.
A combined reading of section 13 and 44A makes it clear that a decree of a reciprocating territory can be executed through a district court, and the judgment debtor is entitled to contest the execution petition if it can be shown that the judgment is not conclusive, i.e., it comes within any of the exceptions under section 13 to (f )
Hon’ble High Court of Madras in P.A.K. Muthiah Chettiar (died) and Ors. Vs. K.S. Rm. Firm Shwebo, Burma and Ors case observed that with regard to decrees of a reciprocating territory contemplated in the explanation to Section 44-A no suit is necessary but the same can be executed by the application of the provisions of Section 47, Civil P. C. The distinction that has to be borne in mind is that reciprocating territories enjoy greater privilege regarding execution of decrees of their superior Courts in our country than are enjoyed by the non-reciprocating territories.
It was ultimately decided by the Hon’ble Supreme Court of India that once the defendant has submitted to the jurisdiction of a foreign Court, a decree passed by that court, even if ex-parte, is a valid foreign decree.
File EP before District court and validate the same.
1. File the Divorce Sui in India for which she will be sent the Summons at her place at NZ.
2. If she fails or refuses to appear before the Court on the days summoned, your matter will be decided ex-parte.
Dear client,
your divorce petition will hold in India as New Zealand falls under the reciprocating states and for this, you have to submit the judgment for execution in the court and the court will validate it.
Thank you
If the divorce granted by NZ is not in accordance to the Indian laws, i.e., the grounds for divorce is not a legally recognised ground then it can be deemed that your previous marriage still subsists.
In that case you may not be able to register your re-marriage in India
If he will not agree for mutual consent divorce in India, you may file a contested divorce.
Let she appear before court and express her version and object to your petition seeking divorce.
You can always produce the divorce decree granted by NZ as an evidence to prove that there is no more possibility to live with her since you both are legally separated.
since your wife herself filed DV charge and divorce was granted by NZ court, it holds good as you are not disputing. you can register your marriage with that in india.
law on this aspect is if both the parties agree for the jurisdiction of a foreign court and obtain divorce on any grounds available in india, it is valid in india.
also refer to the judgment of the Hon'ble Supreme Court of India on this aspect for better understanding
Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991
Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451
Contested Divorce decree by a foreign Court is fully enforceable and legally binding in India.
You can file a suit for declaration to declare the decree legally binding in India in a court having competent jurisdiction.
