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Validity of foreign judgment regarding divorce 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.
As your son and daughter in law are still citizens of India and got married under Hindu Marriage Act, they have to obtain the decree of divorce from Indian Courts even though they obtained divorce in UK.
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Adv. Murali Mohan Rao
Hyderabad | 100+ Answers
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Dear Sir/Madam,
As you written here that, your son got married as per Hindu Vedic Rights and they moved and settled in the UK. Recently, they got Divorce in the UK. But, That Divorce is not valid in India. That UK court will not have Jurisdiction.
The problem is that if Your Daughter-in-law sorry your Ex-Daughter-in-law came or after coming to India files a case and questioned the maintainability of Divorce and if she files cases like Maintenance and Harassment or Conjugal Rights against your son.
So, Pls contact a Family Advocate with the Marriage revoked decree and he will suggest you what to do now.
If your Daughter-in-law also got compromise and she also getting Married than No Problem. You can go head.
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Adv. Srinivas B
Hyderabad | 25+ Answers
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I wish to inform you that foreign divorce will be recognized in India if it does not violate Section 13 of Civil Procedure Code. In this regard you can take divorce in UK and have court order in India after divorce that provision of Section 13 are not affected or alternatively you can take divorce in India. If your divorce violates Section 13 of Civil procedure Code then your divorce will be void and you may not re-marry in India.
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Adv. Mohammed Mujeeb
Hyderabad | 25+ Answers
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Hi according to your query you can and it is valid in India also but you should require all the documents of the both sides for further clarifications you can call us at any time so that we can give you good decision.
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Adv. Bala Murali
Hyderabad | 200+ Answers
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