Is a divorce given in Australia considered as valid divorce in India

902 votes

A foreign judgment may operate as res judicata except in the six cases specified in the section 13 and subject to the other conditions mentioned in Sec. 11 of C.P.C. The rules laid down in this section are rules of substantive law and not merely of procedure. The fact that the foreign judgment may fail to show that every separate issue, such as, the status of the contracting parties, or the measure of damages, was separately framed and decided, is irrelevant unless it can be shown that failure brings the case within the purview of one of the exceptions to Section 13.

Advocate Sachetan Ghosh LawRato

926 votes

Hi,
To answer your query I need more details regarding your divorce. Whether, a decree of divorce got from a foreign country would be valid in India depends on many factors. So, I need specific details pertaining you and your husband's domicile, whether, it is was a contested or a mutual divorce etc.

LawRato LawRato

657 votes

Although an important question of reciprocating territory under provisions of section 44A of the code of Civil Procedure is involved, (Australia is out of this Territory), since ur husband has obtained this Decree and four years is already passed, u have no legal impediments of remarriage.

LawRato LawRato