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De-Registering marriage in India


08-Mar-2023 (In Divorce Law)
I was married in 2017 in Delhi. Recently, we decided to go for a mutual divorce in 2022 starting and it was finalized outside India(Australia). I have a final order with me and both parties were involved in this process. Now, I would like to move forward to make this marriage invalid so that I can marry again. I would like to know what is the timeline for this process in the Indian court and approximately how much usually this costs in terms of Lawter fees etc.
Answers (5)

Answer #1
819 votes
For a mutual divorce, the court grants it very soon. However, the applicants must prove to the concerned court that it is very important in the interest of justice that the mutual divorce decree be granted to the applicants.
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Advocate Sujeet Notwal

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Answer #2
510 votes
If you both got married in india n both belong to Hindu religion then u need to file suit for divorce at the concerned court and Australian decree can also be taken for reference. Question is, is your spouse ready to join for mutual divorce in Indian court ! In yes, then there will be two motions, which means both of you have to appear before the court twice in a gap of 6 months. However, this gap of 6 months can be exempted by putting application in the court as u have already got the divorce in Australia and staying separately ! Therefore, within 1 to 2 months you may get decree from Indian court
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Advocate D. Khan

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Answer #3
821 votes
Assuming you both are Hindu's and marriage was solemnised as per Hindu rights and rituals than divorce needs to taken from Indian Courts only. Since you have the certified copies of the mutual consent divorce decree from Australian court, it can be Used as reference. Further you may connect
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #4
597 votes
you need to file a petition in court to validate the divorce in India which you have taken in Australia. This is not a very time consuming procedure and this is just a simple procedure. After that you can freely marry someone
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Advocate Mukul Goel

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Answer #5
834 votes
Dear client In case both the parties have participated in the divorce proceedings in Australia it will imply that both of them submitted to the jurisdiction of Australian courts. In such a conspectus, the divorce decree passed by the foreign court (in your case - Austrailia) will be valid in India, You will have to get the same executed in India as per the provisions of 44-A CPC and then the same will be deemed to be valid. Feel free to reach out for further discussions.
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Advocate Abhinav Sharma

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