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(Guest)

Will new zealand divorce certificate be considered in india?

Dear Members, 

I had a registered marriage in India, in 2006 and at that time we both were Indian citizen. But at the time of marriage my Ex-Husband was working in New Zealand and had a permanent residency of the New Zealand. Later on after marriage I shifted with him to New Zealand and after few years we both gained our New Zealand citizenship. Early this year we got divorced through New Zealand court. Now I ‘am planning to regain my Indian citizenship.

It will be a great help for me if someone can answer my Questions below–

  1. Will New Zealand divorce certificate be considered under Indian law or not?
  2. Will my Indian Marriage certificate be considered nullified automatically or not?
  3. Do I have to take any appropriate action regarding this?

Thank You



Learning

 9 Replies

saravanan s (legal advisor)     26 July 2015

i think if the divorce is through mutual consent and not through contested grounds it would be accepted as a valid divorce in india.


(Guest)

See New Zealand's currency is New Zealand dollar.  Indian currency is Indian Rupee. That wont work here, this wont work there. 

Sandeep Naik (Advocate)     26 July 2015

Consent Divorce


(Guest)

@ Saravanan – Thanks for the prompt reply. Divorce is not through contested grounds. According to the new zealand divorce law requirement, divorce was granted after a seperation period of 12 months. So does that means, that my Indian marriage certificate is automatically considered nullified or should I have to inform the marriage registrar office in India?

Anand   26 July 2015

Mr. Gyan, please don't contribute if you have nothing valuable to say or worse aren't sure and your comments become a cause for confusion.

 

Where spouses who are married under Indian law later puruse divorce through foreign court, to my understanding from reading many articles/studies and conversing with advocates, that divorce is only valid in India if it is done by mutual consent. I.E: foreign ex-parte divorces ARE NOT valid, but foreign mutual consent divorces ARE valid. Happy to dig up some links/studies to suggest the same if required.

prabhakar advocate (advocate)     26 July 2015

@Shreya Goyal,  It is a tricky situation.  Strictly speaking Hindu Marriage Act requires minimum two years desertion for getting divorce decree.  On that count NZ decree is not valid.  But who is going to challenge the validity of divorce decree?  Your interest lies in its valididty and your ex-husband's interest also lies in its validity.  So, on that ground you will be having no problem.  But the real problem comes when on the basis of divorce decree, you again remarry in India, your next husband may raise an issue at a future date, in the event there will be bickering between you, on the ground that your first marriage was not legally snapped.  If you apprehend such a situation, then you should file a divorce petition in India and get a decree here itself.  It appears that you are in wrong impression that once divorce decree is granted, the entry in the marriage register will be struck down and that does not happen, even you get divorce decree in India.  As I clarified the position, it is for you to take appropriate steps keeping in view of your present situation and future effects.


(Guest)

@Mr.Anand and Mr.Prabhakar- Thanks a lot for your reply. The situation is now much clearer to me. I will file a divorce petition in India after 2 years of separation. But will the Indian court accept my divorce application or not, as presently I’am not an Indian citizen?


(Guest)

@anand look what shreya told. same isnt it?

 

Forin divorce decree hold good in forin. Not India. Love and peace.

Anand   29 July 2015

Hi Shreya, regardless of whether you're a foreign citizen or not, as your marriage was registered in India then a divorce can also be granted in India and will be binding generally once a decree is given.

 

Gyan, again, please refrain from commenting if you don't know what you are talking about. Shreya was the one asking the question and I am certain that foreign divorces are valid in India so long as they are filed by mutual consent. Please see the following links as validation of my comments:

  • https://www.indialegalhelp.com/files/foreigndivorce.pdf
  • https://www.dnaindia.com/mumbai/report-divorce-given-by-foreign-court-is-conclusive-under-indian-law-1758020

 

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