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Question w.r.t. foreign decree of divorce


23-Aug-2023 (In Divorce Law)
Would a divorce decree granted abroad by mutual consent be valid in India for an Indian christian couple?
Answers (3)

Answer #1
586 votes
Dear Sir,
There are multiple interpretations about the validity of divorce decree obtained in Foreign Country.... Since because both the parties surrendered before Abroad Court as such mutual decree passed by the Foreign Court is also binding upon the Indian Courts..
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Answer #2
684 votes
yes a divorce granted by mutual consent is valid in India and there is also a provision in civil procedure code how foreign decrees are valid etc. so if you want to dispute then you have to give strong reasons stating how it is not valid, normally in exparte decrees it is easy as Courts in India are slow in validating ex parte decree.
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Answer #3
824 votes
no foreign judgements are not binding on the Indian citizens. you have to file a petition under Sec 10A of Indian Divorce Act and seek mutual consent divorce from the competent court. Since you have obtained divorce from a foreign court, the reference can always be made
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