Hello, I am an Indian (from Pune) and she is a German citizen. We both got married in India under the Special Marriage Act in 2015. Later I moved to Germany and we validated our marriage in Germany and currently, both of us are working in Germany. Our marriage didn't work out well and she applied for divorce after one year of separation last year. She has also agreed to it mutually. She also came to the German court physically and gave oral confirmation on the mutual divorce during the hearing which is also recorded by the judge. She has not requested a part of the pension. I already got my separation document in the German language, which I got translated + attested in Germany itself. 1. Under what section of Indian law is this divorce valid? 2. Do I have to get it validated in India? Is this mandatory? how long it takes? 3. Before I get remarried in India, what should I do? Thanks in advance!
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Mutual consent divorce decree obtained abroad is valid in India as it is on grounds recognised by HMA
2) you can file petition under section 7 of family court act for declaration that marriage is dissolved by German divorce decree
3) it may take 6 months or so
If you want the admissibility of German divorce in India then only will need validation in India.
It's better you validate your divorce in India else she may create issues in marriage in India
Thank you for your reply sir. I would appreciate I'd you can answer my follow up questions: 1. How to validate a divorce in india? how much time and cost will it take? 2. Am I allowd even to remarrie, if my divorce is not validated? will I be able to register my remarriage? Thank you so much in advance!
You need to apply the same in family court for validation. Fees vary as per lawyer standing.
You can marry but if you marry in india there is a risk of she creating any trouble and not getting your marriage registered
Hi, There is no question of validation of divorce in India. As both of you appeared in the German Court and both of you participate in the proceedings and divorce is granted and it is binding. So it was a valid divorce.
Your divorce is valid under Section 13 of Civil Procedure Code, 1908 and proviso to guideline No. 1 issued by SC of India in Y. Narsimha Rao’s case.
Any proceeding seeking validation of divorce by Indian Court will amount to doubting the validity of decree of divorce obtained in Germany.
legal fees vary depending upon lawyer engaged by you
2) it may take around 6 months
3) you can remarry .however at time of registration of marriage registrar may insist to get divorce decree validated by courts in india
The matrimonial laws differ from country to country.
In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid in India and Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Act.
Under section 14 of CPC : The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
Thus there may not be a necessity to validate the divorce decree granted by the Germany court.
You can get the judgment translated to English and get it apostilled and attested by a notary public or by Indian consulate, then produce the copy before the registrar to register your remarriage in India.
Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Act.
Thus there may not be a necessity to validate the divorce decree granted by the Germany court.You can get the judgment translated to English and get it apostilled and attested by a notary public or by Indian consulate, then produce the copy before the registrar to register your remarriage in India.
Hello,
You don’t need an Indian court to validate or confirm your foreign divorce. It is not ordinarily required.
As per Indian private international law, your divorce is valid in India. This is because it is a foreign divorce decree obtained by mutual consent. Indian law recognises such divorces even though the foreign court is not a court setup under the applicable law (Special Marriage Act in your case).
Ordinarily, parties don’t go to Indian courts in such situations unless their ex-wife or ex-husband questions the foreign divorce (say by bringing a maintenance proceeding or filing a bigamy complaint in India).
You have two options. The first one — which is what you should do in my opinion — is to simply move on. You are free to remarry under this option. If remarrying you will have to present the marriage officer with a copy of your foreign divorce decree. In case they object ( they ordinarily do not) you will have to file a writ petition before the local High Court to direct said marriage officer to accept your foreign divorce. The court is bound to side with you as per S. 13 CPC and its interpretation in matrimonial matters by the Supreme Court of India.
Second option is for you to file a suit for validating your foreign divorce decree in India. This could be time consuming if you ex-wife doesn’t appear. If she does not appear the court will wait for sometime before proceeding ex parte (in her absence).
Hope that answers your question.
- 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.
1. Since, the said divorce is granted by the German Court on the ground of mutual consent , and further she has participated in the proceeding for giving her statement before the said court, hence this decree of divorce is valid in India , and further no validation is required from Indian Court.
2. No
3. You are free to re-marry in India and registered the same.
Dear client I am sorry to hear that but in this case you may enforced the foreign judgement of your divorce under section 13 of CPC. Tomorrow for you have to wait for certain period of time in order to get you remarried
Divorce my mutual consent granted by a competent foreign court is legally recognised in India. Both parties are free to remarry after expiry of any 'cooling off' period stipulated in the court order. Nothing further needs to be done in Indian courts.
