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Recognition of foreign divorce decree fo mutual consent
01-Jun-2023 (In Divorce Law)
Me and my ex wife got married in India in June 2010. It was a traditional Hindu marriage. We moved to Europe in 2011.
My ex-wife became a naturalized citizen in 2017 and relinquished Indian Citizenship. I have applied for the citizenship as well in Dec 2019.
Unfortunately things did not work out between us and we filed for mutual consent divorce in Netherlands. The divorce was granted in early 2019.
1. Is this divorce decree valid in India ?
2. How to register this divorce in India?
3. Do i need another decree from an Indian court?
4. Can i go for a second marriage in India, without an order from Indian court?
5. Will a marriage registrar accept my divorce decree and register the second marriage?
Yes if the decree is obtained by mutual consent it is valid. Their is no provision of registration of divorce in India. As order already exist no need another decree to be passed by another court as explained in sec 14 of cpc.
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Adv. Rakesh Tiwari
PimpriChinchwad | 100+ Answers
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Yes if decree has been passed by foreign court is applicable in India if this divorce took place by mutual consent and not exparte order. You have to file execution proceeding to declare the said decree valid. There is provision in civil procedure code to file execution.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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