Mutual divorce from foreign. I got married in 2010 through special marriage act. After few months my husband went to NZ for higher studies. We never had cohabitation since we wanted to wait till social marriage which was supposed to be done in 2012-13. But in between we started facing so many issues and we both decided to part away. Now the thing is that I am in India and he is in NZ .he is having PR over there. We want to finish it quickly because we both want to settle down soon. According to him it is so fast if we done from NZ court.we will go for mutual divorce only. Now my question is , is this divorce will be valid in India. Will I have to face any difficulties if I remarry someone else in India after that divorce which will be ordered from NZ court? I am eagerly waiting for your reply. Thanks in advance.
We have also filed in a court. But our lawyer suggested to go for contested one and now it has became exparte.which is taking unnecessary long time. We are having no trust on the procedure .it is almost 2 year we have filed.no result yet.
In your case The divorce in Newsland court is not valid.the main reason is you are not domiciled and permanently resident NZ.More over the jurisdiction assumed by the foreign court as well as the ground on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where the matrimonial action is filed in the forum where the respondent is domiciled habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties.
So better to apply divorce in Indian Court under Section 28 of the Special marriage Act, 1954 .And with draw the contesting case which you have filed 2 years before.
A petition for divorce may be presented to the District Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
Secondly on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to it in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
1. If both of you go for mutual consent divorce, then it is recognised and valid in India.
2. Even contested divorce on the grounds of Cruelty/Adultery/Desertion/Impotency are grounds that Indian Law recognises, so if the divorce is granted on these grounds – The decree is valid in India. Please note that in such a case it need not be validated in India by filing a suit or anything. It is the burden of person challenging the decree to discredit it.
3. You can remarry someone else in India after the divorce decree from NZ court.
4. The court shall take submissions of both sides into consideration before deciding the case – if it is not done – then decree does not hold good in India. In other words both spouses have to be present in the court.
5. If there is no consummation of marriage, both of you can opt for Annulment of marriage, wherein technically it will be considered that the marriage had not taken place and you will be treated as unmarried for all practical purpose and there will be no need of taking divorce.
2. The best option is to file mutual divorce in NZ which will be valid in India very much.
3. If the mutual divorce in NZ takes more than six months then apply for the same in India which doesn't take more than six months time.
All the best.
2) you are free to remarry in India after obtaining divorce
As you are in India and he is in NZ hiw you can get Mutual consent divorce in NZ.?
Ask him to come down to India for fifteen days so that both of you can finish the legal aspects pending from years.
Now to your questions;
We want to finish it quickly because we both want to settle down soon. According to him it is so fast if we done from NZ court.we will go for mutual divorce only. Now my question is , is this divorce will be valid in India. Will I have to face any difficulties if I remarry someone else in India after that divorce which will be ordered from NZ court?
The decree of divorce
