Divorce Deregister
2 years ago
I got married 8 years back in India, had marriage certificate too and got divorced in Netherlands recently. The divorce abroad happened legally as per mutual consent. Could you tell me the procedure to deregister the divorce in India and how to apply for it? Also, I need to delete ex-spouse name from passport.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.A mutual consent divorce Decree passed by Foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of the Code of Civil Procedure, 1908, as amended up to date and also on account of comity of Nations and that need not to be validated in Indian Courts, however, if you wish then you can file Declaratory Suit in India for declaration regarding that divorce.
Helpful
Helpful
Share
A.Dear Client
I you married in India then your marriage is governed by the Indian laws and the divorce done in Netherland is not a valid one. You will have to dissolve your marriage in India as per the Indian laws. You need to file a case for divorce in India. Once you are divorced then you can apply for fresh passport without the spouses name.
I you married in India then your marriage is governed by the Indian laws and the divorce done in Netherland is not a valid one. You will have to dissolve your marriage in India as per the Indian laws. You need to file a case for divorce in India. Once you are divorced then you can apply for fresh passport without the spouses name.
Helpful
Helpful
Share
A.Dear Client,
A divorce decree of a foreign court is valid in India only if the Decree of Divorce is granted on any ground valid as per the Indian Law under which the parties were married or the parties have submitted themselves to the jurisdiction of the Foreign Court i.e. the Court has adjudicated on the issue after hearing both the parties as regards the issues raised by them or the decree is obtained by Mutual consent between the parties. So now you just have to apply to the marriage registar with a copy of the divorce decree to deregister your marriage. For removal of ex-spouse name from passport apply to reissue your passport and submit the following documents:-
1. Original passport with a self-attested photocopy of the first and last two pages.
2. Certified Copy of the Divorce Decree and Sworn Affidavit/Deed Poll.
and schedule an appointment.
Thank you
A divorce decree of a foreign court is valid in India only if the Decree of Divorce is granted on any ground valid as per the Indian Law under which the parties were married or the parties have submitted themselves to the jurisdiction of the Foreign Court i.e. the Court has adjudicated on the issue after hearing both the parties as regards the issues raised by them or the decree is obtained by Mutual consent between the parties. So now you just have to apply to the marriage registar with a copy of the divorce decree to deregister your marriage. For removal of ex-spouse name from passport apply to reissue your passport and submit the following documents:-
1. Original passport with a self-attested photocopy of the first and last two pages.
2. Certified Copy of the Divorce Decree and Sworn Affidavit/Deed Poll.
and schedule an appointment.
Thank you
Helpful
Helpful
Share
Read Related Answers
Sister troubled marriage, Hate, abuses and constant threats
Dear Sir,
Your sister requires family counseling and you may arrange for the same and give her all required moral support to solve her personal problem.
Ex Parte - Set aside petition time limit
Dear sir
By enclosing application under Section 5 of Limitation Act seeking condonation of delay application under order 9 Rule 7 CPC may be submitted.
Divorce - After tero certificate is there any procedure left to do
Dear Sir
You have to consult local lawyer having knowledge about local laws which are some what different from laws prevailing in other parts of country.
Regarding divorce
Dear Client,
A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives equally and justly. A Muslim man can marry up to fo...
Divorce - I feel uncomfortable to follow their family norms
Dear Client,
In the given scenario, if it is possible, you can opt for mutual consent divorce to get yourself relieved from all these trauma and ordeal, Section 14 of the Hindu Marriage Act, 1955 sta...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
