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Preksha Goyal   15 May 2021

Jurisdicton over marriage

My friend is an Indian citizen and her ex-husband is NRI (residing in London, UK) for 2 decades. Both of them are Hindus. However, they were married in India and the same was registered in India in 2019. They have a marriage certificate as well. In 2020, they got divorced by mutual consent in London, UK. They have also received the decree for the same. Kindly let us know if the same is valid in India, or should she file an afresh application for divorce in India? Also, how does she cancel her marriage certificate and re-marry basis this?


 5 Replies

Advocate Bhartesh goyal (advocate)     16 May 2021

Divorce decree granted by  court at London is valid in India they need not to seek divorce in India again.Lady can remarry on basis of divorce decree.

Sankaranarayanan (Advocate)     16 May 2021

yes it is valid i do agree with expert answer

sneha jaiswal   16 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that: 
UK divorce decree is completely valid in India in the event that it has not been made under these conditions;
a) Where it has not been granted by a court of the competent jurisdiction; 
b) Where it has not been granted according to the facts of the case; 
c) Where it appears that the proceedings are established on an incorrect perspective of international law or a refusal to recognize the law of India; 
d) Where the procedure wherein the judgment was acquired or gone against the concept of natural justice; 
e) Where it has been granted by deception or fraud; 
f) Where it supports a case established on the breach of Indian law.
If you are holding a valid decree then file it, in the court having jurisdiction for recognition and enforcement of the said decree. Also, you can remarry with the valid decree of divorce.

Hope it helps
Sneha Jaiswal

2 Like

P. Venu (Advocate)     16 May 2021

Yes the decree is valid in India in terms of Section 13 and 14 of the Civil Procedure Code and enforceable in terms of Section 44A ibid.

Pradipta Nath (Advocate)     16 May 2021

There is no chance for its non-recognition as the decree was based on mutual consent! It is fully valid and enforceable in India.

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