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Priya (-)     26 January 2015

European divorce valid in India?

Hello,

I am Indian (Hindu) and my husband is European (not Hindu). We did a registered marriage in India. The marriage was registered/validated in Europe as well. We are now headed for a divorce by mutual consent, will the divorce from Europe be valid in India too?

I thank you in advance for your replies.

Regards

Priya



Learning

 8 Replies

saravanan s (legal advisor)     28 January 2015

under which act u registered ur marriage in india..is it thru foreign marriage act or special marriage act

saravanan s (legal advisor)     28 January 2015

if u obtain divorse through mutual consent from a foreign court it becomes valid otherwise if its a contested divorse then the proceedings got to be as per the act under which u married in india

ANAMIKA VICHARE (LAWYER)     28 January 2015

Yes, since your marriage is also registered in Europe and you are residing over there, you have to submit to that court

 

 

For further advice send direct email to my ID

 

anamika_vichare@rediffmail.com

or Face Book A/c Anamika Vichare

 

ANAMIKA VICHARE (LAWYER)     28 January 2015

Yes, since your marriage is also registered in Europe and you are residing over there, you have to submit to that court

 

 

For further advice send direct email to my ID

 

anamika_vichare@rediffmail.com

or Face Book A/c Anamika Vichare

 

ANAMIKA VICHARE (LAWYER)     28 January 2015

Yes, since your marriage is also registered in Europe and you are residing over there, you have to submit to that court

 

 

For further advice send direct email to my ID

 

anamika_vichare@rediffmail.com

or Face Book A/c Anamika Vichare

 

T. Kalaiselvan, Advocate (Advocate)     29 January 2015

Since you have married in India and got it registered under special marriages act, it is a valid marriage as per India laws. Further since you have done the registered marriage once again in Europe, your marriage stands registered in Europe as per the local laws.  Therefore the divorce in Europe is valid and you can produce the divorce decree in India for ratifying the same if need be.

K.K.Ganguly (Advocate)     31 January 2015

1. Decree of Divorce obtained abroad is not valid in India unless the grounds against which the said divorce has been obtained abroad are also acceptable grounds for seeking decree of divorce in India as per India Act,

 

2. Since mutual consent is also acceptable ground for taking divorce in india, the said decree of divorce obtained abroad is acceptable as per Indian Law,

 

3. Please note bthe 'No fault' Divorce as is acceptable in USA is not acceptable in India.

Samir N (General Queries) (Business)     31 January 2015

Agree with Adv. Kalaiselvan but would like  to add the following which appears to be NOT applicable to you but is applicable in general to divorce decrees secured abroad:  Your foreign divorce decree is 100% acceptable in India even though the grounds of divorce abroad may not be acceptable under Indian laws. The ONLY exception is when one of the parties contends that he/she was not given or did not get enough opportunity to adequately contest the divorce proceedings. As yours is a case of a Mutual Consent, that exception is not applicable.  However, from a purely theoretical point of view, even mutual consent divorce decrees secured abroad, or for that matter even in India, can be later contested if the opposite party argues that the consent was secured through threat, intimidation, coercion, etc.  I am giving this explanation to make my answer as complete and accurate as possible.  


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