Foreign divorce decree validity in india
Ajay Chowdary
(Querist) 06 January 2025
This query is : Open
Background:
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1) couple married in India under christian act(10 yrs)
2) couple moved abroad
3) couple obtained foreign citizenship
4) couple had foreign born child too
5) female spouse applied for divorce, being an applicant she submitted docs to the court
6) male spouse being respondent consented the same and submitted docs to the court too
7) both attended court hearing
8) mutual consent divorce granted
Divorce rules in that foreign country:
a) 2 years separation mandatory
b) both must attend courts
c) both should submit docs to court voluntarily
d) At least one party either resident or citizen
Questions:
In the above scenario, one of the parties still need a separate validation of foreign divorce decree in India or it’s by default valid / conclusive in India ?
T. Kalaiselvan, Advocate
(Expert) 06 January 2025
A foreign mutual consent divorce is generally considered valid in India, meaning a divorce obtained by mutual consent in a foreign court will be recognized and enforceable by Indian courts, as long as both parties participated in the proceedings and the foreign court had proper jurisdiction over the matter.
If both spouses mutually consented to the divorce in a foreign court, it is highly likely to be accepted in India without further validation
The foreign court must have had proper jurisdiction over the marriage for the divorce to be valid in India.
Dr. J C Vashista
(Expert) 07 January 2025
Repeated query, please see response in original thread and avoid repititon.
