LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay Chowdary   06 January 2025

Is the divorce by default valid in india as per the given criteria

-----------------------------------------

Background:

-----------------------------------------

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

 

 

 Question: 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 ?

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     06 January 2025

The default divorce granted by a court of a foreign country is not recognised as legally valid divorce as per Indian laws

Dr. J C Vashista (Advocate )     07 January 2025

Since both of them are foreigners, stated to have applied for mutual divorce, attended proceeding and submitted necessary documents volutarily as required under the rules on the subject, what is the issue /dispute / problem ? 

The divorce granted in such scenario is valid.

T. Kalaiselvan, Advocate (Advocate)     07 January 2025

The grounds used for the US divorce must be recognized as valid grounds for divorce under the Indian Marriage Act.

divorce decree granted by Us courts would be valid in india if was obtained on grounds recognized under HMA.

if you want authenticity from Indian Court, you need to file an Application under Section 7 of Family Courts Act for your records.

Ajay Chowdary   07 January 2025

Dear Kalaiselvan sir, Thank you for your response.

The above mentioned is not HMA. Its under christian act.

For the chrsitian act,  I believe Mutual consent and 2 years separation is a valid ground for divorce as per Indian Law.

Judgment :   Y. Narasimha Rao v. Y.Venkata Lakshmi, (1991) 3 SCC 451, has some exceptions.

 

Exceptions: A foreign divorce can still be recognized in India if:

  • The respondent voluntarily and effectively submits to the jurisdiction of the foreign court.
  • The respondent consents to the grant of relief, even if the jurisdiction is not based on Indian matrimonial law.

With the below, Could you please kindly confirm its fully valid and conclusive the post I put the criteria?

Voluntary Submission: Both parties voluntarily submitted to the jurisdiction of the Irish court and agreed to the divorce.

Mutual Consent: Mutual consent is a recognized ground for divorce under Indian Christian law (Section 10A of the Indian Divorce Act, 1869).

 

The above descripttion, I just took references of the Kerala High court Judgement:

"ARUN A   vs THE MARRIAGE OFFICER --> WP(C) NO. 21638 OF 2023"

 

Dear sir, Kindly validate the above understanding and confirm as I am not advocate and your valueable answer is highly appreciated.

Looking forward to hearing from you

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register