You have to file petition for declaration that marriage is dissolved by France divorce decree 

2) you have to come down personally to file petition for declaration 

3) notice would be given to your ex husband 

4) if he does not object court pass necessary orders that marriage is dissolved 

Divorce decree passed by France court is required to be stamped in India. You can file a declaratory suit. 

For removal of your ex-husband name from the passport and to add the name of your new spouse you need to produce divorce decree and marriage certificate.

Since your divorce decree granted by a court in France may not be in accordance to the conditions of comity of countries, you may have to file a suit for declaration in India to declare the dissolution of marriage by French court as valid.

You need to be physically present for conducting the case.

In declaration you will seek that in light of decree passed by france court you are divorcee and marriage stand dissolve and if your previous husband donot contest and confirm then it will take hardly 6 months to 1 year time approximately. 

It may take a year or so .court would pass orders for declaration that marriage is dissolved 

You can file petition within period of one year or so 

your ex husband can file petition 

you can execute consent affidavit 

you can execute POA in favour of family member 

You can appoint your special attorney and can act through your attorney. 

This type of problem rises when parties decide to do something without consulting the advocate of their country of origin.

Try to place the French court decree of divorce before the passport authority in your present place of residence after apostilling through the office of the Indian Embassy 

France is not a country with whom India has bilateral treaty for execution of decrees passed in France or vice-versa under Section 44A of Civil Procedure Code, 1908. The only option available is to file a suit on the grounds of the judgment passed by a foreign court. It can be done from abroad through GPA/POA but for filing proceedings through GPA/POA at least one party should be present in India. However, you can file such proceedings from France appearing in Court virtually through video conference and obtain such decree from Indian Court. SDM  does have any jurisdiction to pass such order, it has to be judicial authority. Such procedure is permitted by Courts in India. 

- 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.

- Since, the said divorce is granted by the France Court on mutual consent, then that decree of divorce is valid in India. 

- However, you can validate in India that divorce decree after filing a petition before the family Court in India under the Section 7 of the family Court Act. 

- Further, as you have already given the POA after attesting the same from the consulate then this case can be filed before the Court and no permission is needed from SDM. 

Your divorce decree is valid in France 

it is valid in india as divorce is granted by mutual consent 

however for registration of remarriage in india you need court orders declaring marriage dissolved 

Let your ex husband file petition and you file consent affidavit 

Key Points Regarding French Divorce Recognition in India:

1. Indian Legal Recognition:

   • Foreign divorce decrees are recognized in India under Section 13 of the CPC, provided:

     • Both parties were under the foreign court's jurisdiction.
     • Both participated in the proceedings, and the divorce was mutual.

2. Declaration Suit in India:

   • Filing a declaration suit in an Indian family court is necessary to validate the foreign divorce for Indian legal purposes (like updating your passport).
   • The refusal by the SDM likely pertains to procedural issues with the Power of Attorney (POA).

3. Validity of POA:

   • Ensure the POA is:

     • 
       Properly notarized and apostilled/attested by the Indian Embassy in France.
     • Submitted in compliance with Indian procedural requirements.

Your Options:

1. Reissue the POA:

   • Reissue a fresh POA, ensuring it is correctly attested by the Indian Embassy and notarized as required.
   • Verify with your lawyer why the SDM refused; it may require additional documentation or corrections.

2. Ex-Husband Filing the Suit:

   • Your ex-husband can file the declaration suit in January. If he has the decree and other required documents, the process should proceed smoothly.
   • You can submit a No Objection Statement to support the case.

3. Time Limit:

   • There is no strict time limit to file a declaration suit for recognizing a foreign divorce decree in India. You can initiate the process after August 2025 if necessary.

Duration for Court Proceedings:

• Typically, Indian courts take 6–12 months to issue a declaration recognizing the foreign divorce decree, depending on court workload.

Next Steps:

1. Reissue the POA with proper embassy attestation and corrections.
2. Have your ex-husband initiate the case in January.
3. Consult your lawyer to ensure all documents meet Indian legal requirements.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated. Thank you.

Shubham Goyal.

France does not come in reciprocating countries of india, hence that order not enforceable in India. 

Still can try to file applicational in civil court for enforcement of Foreign court decree. That can be file through POA. 

You don't have to file a divorce case once again in India instead you may have to file a suit for declaration to declare the dissolution of marriage by a decree of divorce granted by the French court as valid.

For this you may have to file the certified copy of decree of French court as documentary evidence in the suit for declaration.

If the evidence is reliable and authentic then the court cannot refuse to accept the prayer for declaration.

Either you or your husband can file a suit for declaration.

If you are not able to attend the court in person then you can give power of attorney deed to any close relative in India, the advocate engaged for the purpose should be able to manage the case through your power agent in the initial stage and when the case is posted for evidence, you can visit India and let in evidence and return back to your country of current residence.

As your ex husband is reportedly visiting India for filing the suit for declaration, it will very well be within the time limit hence you can proceed with the proposed with the filing of declaration suit in India at the earliest without delaying the subject matter any further.

The SDM court has nothing to do with the suit for declaration nor there's any necessity to inform the court in advance that you will not be able to come before August.

Therefore the problem is with you for not handling the subject prudently and wisely.

A POA deed accompanied by a petition under order III rule 2, authorising the representative to represent you before the court during your absence will be enough.

The court will permit your authorised representative (POA) to conduct the case through your advocate in your absence.

You may change your lawyer and engage an experienced lawyer to handle this simple case in a proper manner.

You can file the suit but you need to give POA to another person there are many judgements barring a lawyer to hold POA of his own client