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NS-Ramesh Krishnan (Self Employed)     26 December 2015

Singapore consent divorce - is it valid in india

I and my ex-wife are Indian Citizens who got married in India and got the marriage registered in Chennai Sub-registrar office as per the Hindu Marriages Act.

We relocated to Singapore  and became permanent residents of Singapore in February 2010. We got separated in September 2010. In 2013, my ex-wife filed for divorce on grounds of 3 years of permanent separation and irretreievable break-down of marriage (one of the criterias in Singapore Family Law) and I consented to her divorce request.. We both accepted Singapore as the jurisdiction for the divorce and completed the divorce proceedings in Singapore and the Divorce Decree is granted.

Can I get married in India? Can my ex-wife create any issues with it in the future?

I am told that there is a difference between getting divorced in USA and Singapore and while the USA divorce is not legally valid in India, the Singapore consent divorce is valid in India given that there is a reciprocating agreements between India and Singapore.

Is it still necessary for me to ratify the Singapore Court Order in India? Is it mandatory for my ex-wife to stage appearance in the Indian Court? She has been evasive as she has permanently settled in Singapore along with her family.

Please advise...



 9 Replies

adv.raghavan (Advocate,9444674980)     26 December 2015

I hope it is not valid, you may face problems, if she decides to do so and she has valid ground for that.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     26 December 2015

It is a valid divorce and no problem for remarriage.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 December 2015

GO THROUGH THE BELOW MENTIONED FORIEGN DIVORCE ARTICLE


Attached File : 71947 20151226202916 717156983 foreigndivorce.pdf downloaded: 167 times

NS-Ramesh Krishnan (Self Employed)     26 December 2015

Dear Raghavan,

On what grounds you think my ex can create issues? You are saying there are valid grounds? How? Please elaborate...  She is the one who filed for divorce in Singapore and I consented to it. How can she create issues in India?

 

priya (na)     01 January 2016

what about the divorce granted in abroad to Indian citizen couple who got married in abroad and their marriage never got registered in India ? Is that divorce valid in India ?

The indian couple were on work permit and married in abroad and got divorced in abroad within 1.5 years of marriage bond..

Can ex wife file the case againt husband in India ?

priya (na)     01 January 2016

She didnot get 3 notice of divorce becuase she was in India during that time. By the time she knew about divorce it was already late and divorce was finalised .There were no court preceeding at all even if she wanted to contest the divorce..

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

Dear Querist

Consent divorce is valid in India if any court of the world granted the same because in India section 13B of Hindu Marriage Act is related to Mutual Consent Divorce hence the divorce on mutual consent passed by forign court will be valid in India, only those decree of forign court will not be valid which were not passed as per Indian Law, as section 13 of CPC says.

13. When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—

(a) where it has not been pronounced by a Court of competent jurisdiction; 
(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India. 

 

so there is no question of creating nuisance in your life by your ex-wife, you may remarry in Inida without any tension.

 

Feel Free to Call

Vijay Raj Mahajan (Advocate)     11 January 2016

Divorce by mutual consent anywhere in the world (including USA)  by Indian citizens and permanent resident of the country where they got the decree of divorce is absolutely valid if both surrender to the jurisdiction of the foreign court. Section 13 CPC and Law established by Supreme Court of India in re: Narsimah Rao case are both satisfied

1 Like

shyam ji srivastava (PRACTICING LAWYER)     08 August 2020

Consent Decree of Divorce is valid.


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