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Divorced abroad, valid in India
11-May-2023 (In Family Law)
I got divorced in Australia. Me and my wife both r living here. We separated in 2018, after 1 yr of Spain I filed for divorce, which was served to her giving her 6 weeks to reply. Upon receiving the application she through her dad filed dowry, physical and mental harrassment case in India.
during the first hearing my wife contested disputing the separation date and also requesting the court to dismiss the case since a dowry case against me and my parents in India and the divorce in this Court will hinder the dowry and other harrassment case in India.
The court gave her two months time to submit evidence for cohabitation.
She didn't turn up for second hearing instead filed an affidavit accusing me and my family of dowry harassment, mental and physical torture, cheating on her etc. But did not produce any evidence of co habitation.
The court was satisfied with the evidence that was submitted by me and granted divorce (I heard registrar saying uncontested).
Is this valid in India.
A combined reading of Sections 13/14 of the Code of Civil Procedure makes the position of law clear that if a certified copy of a foreign judgment is produced in a court of law directly adjudicating upon any matter between the same parties, the same shall be presumed by a court to have been pronounced by a court of competent jurisdiction unless the contrary is proved.
Sections 13 and 14 of the C.P.C., which is not merely the rules of the procedure, but rules of substantive law recognises the conclusiveness of a foreign judgment as to any matter thereby directly adjudicated upon between the same parties.
Therefore, if the divorce was contested by both the parties, it shall be valid, otherwise not.
If you remarry during the subsistence of your first marriage you will be committing an offence of bigamy under section 494 IPC and you would be convicted and have to go to jail, if proven guilty.
Based on the facts given the decree of divorce obtained by you is without her as you stated uncontested. Under these circumstances, the divorce granted by Australian Court cannot be considered in India and you would have to obtain a decree of divorce from a court having jurisdiction to entertain such a matter in order to marry again.
Helpful?
Valid if marriage ceremonised at Australia and not valid if marriage was at India..this is ur anwer..what evidence produced by her..noone knows..first u requied to see documents wheich submittwd by your wife .what courts has passed order against you and her..
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Adv. Roshni Sundriyal
Delhi | 25+ Answers
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Yes it's valid divorce decree, until set-aside by Hon'ble Court, will be in operation. Other cases have to be contested by you and will take time if go for litigation by your wife. These cases are normally settled at the end at High Court stage. You may go for quashing of all these frivolous CRIMINAL cases in High Court.
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Adv. Harbansh Kumar Chaturvedi
Delhi | 50+ Answers
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