Applying Divorce abroad

(Guest)

Only if it is agreed by both parties. Otherwise foreign divorces whether contested or exparte, are invalid in india. You cannot remarry in india with such divorces.

Ms.Usha Kapoor (CEO) 19 February 2018

Hi 1) The Foreign Divorce Decree is valid if both the parties have consented to subject themselves to the jurisdiction of the Foreign courts. 2) Yes the person can remarry in india under HMA. 3) The foreign divorce decree can be ratified in india, if both the parties agree. 4) If one of the parties go to the indian court and challenges the foreign decree, the indian courts will recognize the foreign decree as both parties have willingly submitted to the jurisdiction of foreign courts. 5) Please refer to judgment of Supreme court in Mrs. Anoop Beniwal vs. Dr. Jagbir Singh Beniwal wherein the Supreme court has said that if the divorce was contested by both parties in overseas courts then the divorce decree granted by foreign courts is valid in india. 6) Foreign divorce decrees are over ruled only if it is an ex-parte decree or the decree has been obtained by Fraud and not otherwise. Hope this information is useful.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 February 2018

If a Non-Resident Indian (NRI) married in India wants a mutual consent divorce, then he/she can do so by filing a petition in India or in the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country.

It says that a petition can be filed within the jurisdiction of the courts of which the parties to the marriage last resided.

The residence or the matrimonial home of the NRI couple will be a foreign country. Thus, the couple can file for a divorce petition either in India or in such foreign country.

Filing for Divorce in a Foreign Country

When a couple decides to file a divorce petition in a foreign country, they do so on the basis of the power given to them under the Indian law. The petition for mutual consent divorce will have to be made in accordance with the laws of the country in which the couple resides. The Indian laws will not apply to the foreign courts. The foreign court will then pass a decree recognizing the divorce in accordance with their procedure.

Will this Foreign Decree be Recognized by the Indian Courts?

The Indian courts do not recognize the decree passed by the foreign courts if the decree so made is inconclusive under Section 13 of the Civil Procedure Code, 1908.[2]

This means that the decree:

Is not pronounced by a Court of competent jurisdiction.
Has not been given on the merits of the case.
Appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable.
Was obtained opposed to the principles of natural justice.

Akhil raj singh (Er) 19 February 2018

Thanks a lot for your replies.

(Guest)

Originally posted by : Puneet
	Can anyone guide me on "can we file divorce abroad?" The divorce if granted in other country? Will it valid in India?