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Rekha Somasundaram ( )     18 July 2013

Cancellation of marriage registration in india

I am an Indian. My Husband is Malaysian. We were married 3 years ago. We have no kids. We are separated and applying for divorce in mutual consent in Malaysia soon.

Our Marriage was registered in India as well as in Malaysia. Once I get divorce here in Malaysia, is it possible to cancel registration in India with that divorce notice alone. If so, how long will it take to cancel the registration? Or need to file again in Indian court?

Can anyone help me soon pls?


 4 Replies

Adv k . mahesh (advocate)     18 July 2013

as you were married in india and also registered in india then you have to obtain divorce decree from indian court of residence were your address is 

if already you have taken malaysian divorce this award can be submitted to court as evidence as already you obtained 

1 Like

Rekha Somasundaram ( )     18 July 2013

Thanks for your reply...

Is it mandatory that both parties should appear in Indian court again to obtain this divorce decree? Or else I can individually (without the other party) submit the divorce decree obtained from malaysian court?

How long the Indian court will take to issue the decree?

Rekha Somasundaram ( )     19 July 2013

Can Anyone help me with my queries please?????

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     20 July 2013

Section 13 of the Code of Civil Procedure, 1908, provides that a foreign judgment shall be conclusive if it has been pronounced by a Court of competent jurisdiction within India.

 The only law that can be applicable to the matrimonial dispute is the one under which the parties were married. Therefore, in cases where the foreign court by its own rules of jurisdiction, has rightly entertained the dispute and granted a valid decree of divorce according to its law, the same would only be recognized by the Indian Courts if it complies with the rules laid down by the Hon´ble Supreme Court of India.

In your case, it is not clear, under which marriage act you have registered your marriage, which ever applicable to you, file a petition accordingly.


SC rules says, where the party is at the time residing outside the territories to which the Act extends, a petition can be entertained only the district Court under whose original civil jurisdiction (a) the marriage was solemnized, or (b) the respondent, at the time of the presentation of the petition resides, or (c) the parties to the marriage last resided together, or (d) the petitioner is residing at the time of the presentation of the petition.

All you have to do is file a petition under section 13 of CPC based on the foreign decree with the Jurisdictional Court where your marriage is registered.

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