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Is UK divorce decree valid in India
12-Jul-2023 (In Divorce Law)
My son got married in Hyderabad under Hindu Marriage Act. The married couple moved over and settled down in United Kingdom. Both of them hold valid Indian Passports.They recently got their marriage revoked in UK court and my son got issued a decree absolute. May I please know whether the divorce decree issued by UK court is valid in India also and whether any other formalities need to be completed in India also for the purpose of remarriage of my son?
UK divorce decree is perfectly valid in India if it has not been made under these circumstances; a) Where it has not been pronounced by court of competent jurisdiction; b) Where it has not been given on the merits of the case; c) Where it appears on the face of the proceeding to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; d) Where the proceeding in which the judgment was obtained or opposed to natural justice; e) Where it has been obtained by fraud; f) Where it sustains a claim founded on a breach of any law in force in India. If you are holding a valid decree then file it in the family court having jurisdiction for recognition and enforcement of the said decree .
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Adv. Mohammed Mujeeb
Hyderabad | 25+ Answers
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Can I divorce in the UK if I live abroad?
Divorce Procedures for People Living Abroad
If one party has a habitual residence or is domiciled in England and Wales it is possible to file for divorce in the UK even if the spouse lives overseas. 01-Aug-2023
Can I get married while my divorce is in process UK?
You should make sure that your divorce is finalised before you remarry. If your divorce is still not finalized, its illegal to marry another person. Remarrying immediately could constitute a crime.
Is foreign divorce valid in India?
Sections 13 and 14 of the Civil Procedure Code provide that a divorce decree issued by a Foreign Court will be considered legal, valid, and binding by Indian Courts. Section 13 lists the conditions under which a foreign judgment is not valid.
Is a UK divorce Recognised in India?
In India, a foreign courts divorce judgment or marriage termination can be recognized if it is in compliance with Indian divorce laws.
Madam,
The decree absolute obtained from the UK Court is perfectly valid in India. The term decree absolute means that either party can remarry after the divorce. The decree absolute is the final decree which actually dissolves the marriage. Once this has been granted, your son is ‘divorced’. Your son can remarry. No other formalities need to be completed in India for his remarriage.
The decree absolute obtained from the UK Court is perfectly valid in India. The term decree absolute means that either party can remarry after the divorce. The decree absolute is the final decree which actually dissolves the marriage. Once this has been granted, your son is ‘divorced’. Your son can remarry. No other formalities need to be completed in India for his remarriage.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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You can marry again in India if you wish. If you wish to marry an Indian citizen in India, you must register your marriage with the Special Marriage Act.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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