Legal Question in Family Law in India

is foreign divorce acceptable in Indian court of law

If a person gets married in India as per hindu rites and goes abroad and declares the same marriage through court marriage in that country and takes divorce in that country. The person returns to India and enters into other marriage as per hindu rites. Is this marriage legally acceptable . Does that person need to take divorce for earlier marriage done in India also inspite of having taken divorce in that country. The person is citizen of India during all this period.


Asked on 8/11/07, 3:21 am

8 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: is foreign divorce acceptable in Indian court of law

no need to take divorce again. laws of other countries are acceptable in india.

consult personally with documents. Consultation charges will apply.

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Answered on 8/12/07, 3:11 am
Prabhat Shroff Shroff & Company

Re: is foreign divorce acceptable in Indian court of law

The question whether a divorce decree obtained by a Hindu in rtespect of a hindu marriage performed in india, is valid or not, is a matter in which the courts in India have given different decisions, and the question is not yet finally decided, even though under law, the US decree for divorce should be valid.

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Answered on 8/11/07, 3:47 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: is foreign divorce acceptable in Indian court of law

thats the question still met to results in india but as far my knowledge us divorce decree is accepted

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Answered on 8/11/07, 3:58 am
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: is foreign divorce acceptable in Indian court of law

yes, contact a lawyer

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Answered on 8/11/07, 8:05 am
Nandita Haldipur Haldipur Associates

Re: is foreign divorce acceptable in Indian court of law

There are different decisions of teh courts but accoridng to me the divorce taken in us will be vaild

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Answered on 8/11/07, 9:55 am

Re: is foreign divorce acceptable in Indian court of law

Details are missing.If the judgement of foreign judgement is valid passed by competent court then the order granting divorce is final and the person is free to marry to anybody.

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Answered on 8/11/07, 1:27 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: is foreign divorce acceptable in Indian court of law

the second marriage is legal and valid if the first marriage was annulled in accordance with law.

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Answered on 8/11/07, 2:29 pm
rajeshwar sharma rajeshwarnathsharma

Re: is foreign divorce acceptable in Indian court of law

The second marriage in India is legally acceptable. You need not to take divorce in India if you have already, may be from foregin court.

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Answered on 8/12/07, 12:16 am


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