Family issue of marriage registration cancellation in india

The decree is recognized in India too.

If anything remaining for implementation just file execution of decree in indian court.

https://www.scconline.com/blog/post/2019/02/25/decree-of-divorce-granted-by-a-foreign-court-and-its-maintainability-in-india-a-critical-analysis/

Go through this article.

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General Principle of Law (Section 13 CPC). A foreign divorce decree is recognized and is considered final and valid in courts in India, unless the decree is legally flawed under general and divorce laws.

When Foreign Divorce Decree Not Recognized

1. Where foreign court not authorized to grant divorce decree. Example: the divorce decree is passed by a court that does not have jurisdiction (meaning authority to decide) over the divorce matter, and the parties under divorce laws in India. This is the question of law, and requires careful examination of divorce laws of foreign country and India.
Generally, the court of place where marriage is solemnized (normally India) or where the parties last resided together as husband and wife, and where the opposite party resides (non applicant) has jurisdiction to decide the divorce.

2. Parties to the divorce must had opportunity to represent their case in the foreign court. If either party could not and did not get notice and full and fair opportunity to present their case before the foreign court, then the divorce judgment is improper and invalid and will not be recognized by courts in India.
When one party files the divorce case and serves divorce summon on the other party and the other party goes away to India, does not participate in the divorce proceeding before the foreign court, and the foreign court passes divorce decree based on the case present by only one party before the foreign court, then the courts in India will recognize the divorce decree passed by foreign court. However, the court in India may refuse to recognize the foreign divorce decree if there is any evidence that party could not be present in foreign court because of hardship or other problem. The court in India will look for evidence of fairness, good faith, and diligence of each party.

3. Foreign court granted divorce on a ground not recognized by Indian divorce law. Where the foreign court has granted divorce based on ” ‘irreconcilable difference or irretrievable breakdown of marriage or similar no fault ground’ then court in India will not recognize the foreign divorce because this is not a ground for divorce under Indian divorce law. Therefore, people from India getting no fault divorce in US can find that their foreign divorce may not be recognized by court in India and still married to the other party.

4. When the foreign divorce proceedings are against principles of Natural Justice. The principles of natural justice require that each party should have full, fair and legal opportunity to present their divorce case before the competent foreign court.
Let’s consider the situation where a party is in India and the other party files for divorce in a foreign court. So where a party in India is served with the summons of the divorce case (i.e. notice of case filing is sent and received by party in India), and the foreign court passes divorce decree, then such foreign divorce generally is recognized by courts in India unless there is clear evidence the party in India did not have ample opportunity to go to foreign court, and present the case in the foreign court. The court in India examines each foreign divorce decree closely to ensure parties had full and fair opportunity to participate in the case in the foreign court.

5. If there is fraud committed by a party to get the foreign divorce. If the examination of the foreign decree by court in India finds that one party in foreign court misrepresented facts on which foreign court granted the divorce decree then such decree will not be recognized by court in India. This can lead to a situation where a party may be divorced (and single) in foreign country yet be legally considered married under Indian law which can lead to bigamy charges against the foreign divorced party.

Client Alert:

1. It is common that the party not pleased with foreign divorce decree will contest the foreign decree in court in India.

2. Proper court procedure should be initiated and followed to get every foreign divorce recognized in by divorce court in India.

3. Validity of foreign decree by courts in India is a complex and difficult matter and involves thorough examination of all facts.

The information in the blog is very general and is not a legal advice for any situation of foreign divorce decree. Always seek legal opinion of a lawyer.

In my opinion, the marriage registration certificate need not be cancelled because you produce the Decree wherever it isrequired

00917506552608

Hi,

In matters of divorce, the jurisdiction depends on the religion under which the couple got married. If the couple is Hindu by religion then, the Hindu Marriage Act, 1955 will apply for divorce. If the couple is Muslim, then the Dissolution of Muslim Marriages Act, 1939 will apply. Similarly, for Christian, Parsi, and inter-religion marriages, different statutes apply.

NRI marriage divorces are governed/regulated by the personal law under which an NRI marriage took place. In other words, if an Indian settles down abroad whether as PIO or NRI and if he/she had married in India, the marriage would be governed by the Indian law under which they married.

Private International Law rules are applied to Indians (NRIs) when they bring a dispute in a foreign court about the matrimonial problems, child custody, movable and immovable property, succession, enforcement of divorce and maintenance decrees. Private international law is the body of conventions, model laws, national laws, legal guides, and other documents and instruments that regulate private relationships across national borders.

An Indian spouse may file a case for matrimonial/ divorce relief either

1. at the place where the spouse habitually resides in the overseas country or
2. In India, before a court where the NRI couple last resided preceding the filing of the case, or before a court within whose jurisdiction the wife is currently living.

In the former instance, the spouse could seek the remedy in the foreign country where it would be easy to implement the same.

What is the position on a foreign ex-parte/decree/judgment in India?

There are many occasions wherein an ex-parte decree is obtained from foreign courts against the other spouse on unreasonable and fraudulent grounds. It has been a persistent question in the context of NRI divorces, whether such decrees could be enforced in India.

Section 13 of the Civil Procedure Code (CPC) lays down the grounds on which a foreign decree would not be enforced in India:

1. If it has not been pronounced by a court of competent jurisdiction.
2. If it has not been given on the merits of the case.
3. If the judgment was based on an incorrect view of international law
4. A refusal to recognize Indian law if such Indian law was applicable to the case
5. Where the judgment was not in accordance with natural justice
6. If the judgment was obtained by fraud
7. If it upholds a claim which is a result of the breach of any law in force in India.

In the landmark judgment Y Narasimha Rao vs Y Venkata Lakshmi & Anr, the Supreme Court held that the divorce obtained from a foreign court was invalid if the provisions of the Indian divorce laws are not followed.

You are required to get the said decree of divorce endorsed by Indian Court by filing an application and it would be easy if your foreign decree doesn't fall within the above-stated grounds of section 13 CPC.

I hope this solves your query.

Regards,

Archit.