You need to validate your uk decree in Indian court for its admissibility in india
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UK divorce absolute decree validity in India
Hi, If my wife and I choose to mutually apply for divorce in UK (Please note UK has a new divorce process) will it be recognised in India? 1) We both are now living in UK for over 1 year (habitual residents). So, we fall under UK jurisdiction per UK law. (We are Indian nationals here in UK on work visa and were married since 2012 under HMA) 2) We plan to also get a 'Child arrangement order' and financial break consent under UK law (legally binding here) 3) This is mutual so she will be participating in the process. she may choose to return to India post divorce. 4) I plan to draft a memorandum with terms and conditions and get it signed under witness in UK and may be even motorise it. Anyone with international family law experience who can help?
Asked 1 year ago in Family Law
Religion: Hindu
11 Answers
Mutual consent divorce obtained abroad is valid in india
2) you can engage any lawyer on this website for drafting consent terms for divorce , alimony or maintenance , custody of child etc
3) make payment online for drafting
Dear Querist
As this is a mutual consent divorce then it will be valid in India too and section of CIVIL PROCEDURE CODE will not create any hurdle in your way.
Execute a memorandum with all the terms and conditions before the witnesses and file the same with your divorce petition.
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Dear client,
If you and your wife choose to mutually apply for divorce in the UK and obtain a Child Arrangements Order and financial settlement, it is possible that the divorce and the other orders may be recognized in India. However, whether the orders will be recognized depends on the specific laws of India, which may vary by state.
It is recommended that you consult with an Indian family law attorney who can advise you on the specific laws and requirements in India. They can also advise you on the procedure for registering a foreign divorce order in India, if necessary.
In addition, it is advisable to consult with a family law attorney in the UK who has experience with international family law matters to ensure that the divorce and other orders are drafted in a way that maximizes their chances of being recognized in India.
Regarding the memorandum with the terms and conditions of the divorce, it may be helpful to have it reviewed by a family law attorney in both the UK and India to ensure that it is legally sound and enforceable in both jurisdictions.
Overall, it is important to carefully consider the potential legal implications of obtaining a divorce in the UK and to seek legal advice from attorneys with experience in international family law matters.
Better you go with Mutual Consent Divorce in the UK and file same in the India that too is valid in the India.
1. Since U.K. is one of the reciprocating countries recognised by the Indian Government, you can obtain Mutual Consent Divorce in U.K.
2. Before that both of you have to enter into a Memorandum of Understanding covering all the important terms and conditions.
If the UK mutual consent divorce grounds are found to be legally valid in India as per Indian laws, then your mutual consent divorce would be recognised as valid.
If want any assistance to draft the agreements between you both on the subject matters you can very well contact any advocate of this forum or outside.
Any decree of divorce obtained on mutual consent from a court abroad is perfectly valid and enforceable in India. It fulfills all conditions laid down under Section 13 & 14. Such decree does not require any validation or authentication by Indian Court. Such decree cannot be challenged in Indian Courts.
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.
- Hence, if you will file the joint petition for getting mutual divorce in UK Court , then that decree of divorce granted by that Court will be valid in India.
- Further, you can also enter into a MOU with her for the child arrangement.
You will have to file application in India in jurisdictional court to execute decree of foreign court. If No dispute between the parties, UK order will confirm by the court.
If everything is going mutually and there is no dispute, then you can obtain decree from foreign and get it enforced from Indian court.
There is nothing called international family law.
If a foreign decree is obtained with out violating policy of Hindu marriage Act. And principal of natural justice then Indian won't have any objection to enforce it
As your divorce is mutual then there will not be any problem
