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do i need to get divorced in india?


Hello All,

My wife and I are married in India and we went abroad, USA. we lived for 4 years and now we got divorced in abroad,USA, which was done with mutual consent.

My marriage is registered in India. so my questions are below

1) Do i need to file divorce in India as well?

2) If yes for above #1. Is divorce in india necesarry before i get re-married in India? 

3) Can i nullify the marriage certificate ?  I'm not sure if nullifying the marriage certificate and applying divorce are the same.

3) We both live abroad ,so trying to get the best and easiest way to nullify the marriage registration. I would like to know what is the reason i can put to file the divorce in India if needed. 

 

Please advice.

 

Thanks a lot

 

 

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

You both of you last resided in abroad. so file the case in abroad in the concern judiciary only. 

 
Reply   
 


Lawyer at Supreme Court of India

Sir, 

 

To be on a precautionary side you can file the divorce decree obtained from foriegn court and take the divorce decree from India as well .... 

 

In this connection you can read my article on https://kapilchandnaadvocate.wordpress.com/2017/05/22/validity-of-foreign-divorce-decree/ 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

https://kapilchandnaadvocate.wordpress.com/


Total likes : 1 times

 
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You can file it in the place you reside. However the laws applicable would be the same under which marriage was solemnized.

 
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Consultant

Although not required to get divorce again in the court sof India, but your 2nd marriage, if solemnized in India would be treated as illegal, unless you get your divorce duly taken to record in the Registrar of Marriages by following due process through the appropriate legal channels.

 

 
Reply   
 

if the grounds for divorce abroad are similar to those mentioned under Section 13 of Hindu Marriage Act and the divorce has not been effected by fraud, collusion, coercion etc then it would be recognized as a valid divorce by the Indian courts. However to be on safe side, you get your divorce registered with the Registrar of Marriages so that later on, a fresh charge of bigamy isnt brought against you by your newly-wedded spouse!!!

 
Reply   
 
FIN

Agreed with Mr. KayBee.

Get the case file and decree checked from a senior very able LOCAL counsel of unshakable repute and integrity specializng in  Family matters  having successful track record.

 

 
Reply   
 
Advocate

Originally posted by : kumar

Hello All,

My wife and I are married in India and we went abroad, USA. we lived for 4 years and now we got divorced in abroad,USA, which was done with mutual consent.

My marriage is registered in India. so my questions are below

1) Do i need to file divorce in India as well?

Rather than filing for Divorce, you can file execution proceedings under Sec 13, CPC

2) If yes for above #1. Is divorce in india necesarry before i get re-married in India?

Yes absolutely.  

3) Can i nullify the marriage certificate ?  I'm not sure if nullifying the marriage certificate and applying divorce are the same.

No you cannot nullify the Marriage Certificate.  There is a difference between nullifying and getting a Divorce.  Declaring the marriage to be null and void means that the marriage never happened in the first place.  That is obviously not your case. 

3) We both live abroad ,so trying to get the best and easiest way to nullify the marriage registration. I would like to know what is the reason i can put to file the divorce in India if needed. 

Since you were married in India, it is necessary that you dissolve your marriage here. Especially so as you are desirous of remarrying in India.  

Please advice.

 

Thanks a lot

 

 

 

 
Reply   
 

u cannot nullify a marriage certificate.nullification means ur marriage was never recognized in first place as per Section 11 hindu marriage act,but that is not your case. if u are married in India it would be good if a divorce decree is effected by the local civil court within whose jurisdiction u got married. no probs even if ur outside india, but married in india, if the grounds for divorce are the same as in india u/Section 13 of the hma then it may be recognized as a foreign decree as the latter is recognized u/Sec 13 civil procedure code....just bcoz ur marriage was in India doesnt necessarily mean that divorce also happens here too...it would be beneficial but not wholly necessary,especially if you are living abroad 

as the foreign decree is likely to be appealed against by the aggrieved party be sure to keep a certified/notarized copy of the same with u safely....

 
Reply   
 
FIN

Agreeing  with 2nd post of Mr. KayBee, also,

Get in touch with  a senior very able LOCAL counsel of unshakable repute and integrity specializng in  Family matters  having successful track record.

 

 
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