The Laws differ from country to country. The validity of a Divorce order becomes questioned when the couple has a Domicile in a country and the Divorce decree is obtained in a foreign land. When a marriage is solemnized in India, can a foreign court pass a Divorce Decree and is it a valid Divorce order in India? The Marriages in India are governed by the personal law and the marriage is recognized through various customs and traditions. It is very common for a couple to migrate to Different countries to stay there permanently or temporarily. The validity of a Divorce order of the foreign court needs to be analyzed with following categorization:
In the case of mutual consent divorce decree, where both the parties consent for the separation on an agreement terms, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts.
In the case where a divorce decree is granted by a Foreign Court in a contested divorce in the following circumstances , the Divorce order becomes invalid in India when :
An ex-parte decree is passed by a Foreign Court, (i.e) when one of the party does not appear before the concerned (or) intimation of the case is not informed to the other party. An order of Divorce obtained so, then the validity of the Decree can be questioned and contested in the Indian court.
Divorce obtained on grounds other than the grounds enumerated under the Hindu Marriage Act if the parties were married under Hindu Law, as a divorce matter is governed by the law under which one gets married and not the law of the land where the party is residing.
If both the parties contest the Divorce filed in Foreign Land it would be said that both the parties have consented to the jurisdiction of the place, in such a case the decree would be considered to be a conclusive one.
Thus, a Foreign Divorce Decree becomes conclusive only when both the parties contest or consent to the jurisdiction of the foreign Land. When one of the parties fails to appear or if there is no intimation to the other party about a divorce filed in the foreign land, such Divorce Decree shall not bind the other party and can be contested.
Life is a mystery. We live in an Era of surprises from both Human and nature. Time gives us the life lessons. Human beings are the most intelligent creations of God. Knowing the uncertainties in life it becomes important for us to make things certain. We are facing the reality, the pandemic now, that has taught us many lessons including taking care of our personal finances that is so important. This is were we have to think how can we set our personal financial matter in a proper way that benefits us not only now but also later so that our loved ones are blessed and benefitted. In this pandemic, it is important for us to set right our personal finance matter and look beyond and think !!
How are financial decisions are going to benefit our loved ones, after us.??
An individual often believes that once he or she has filled the nomination section of his investments, then the nominee automatically becomes the beneficiary of the underlying assets after the individual’s demise.
A nominee is only a custodian of the asset of the demised person and not the ultimate beneficiary of his/her asset. The nominee only has the right to represent on behalf of the owner and does not necessarily have any kind of entitlement over the asset. If something happens to the owner, then the nominee is legally bound to hand over the underlying asset to the legal heir and conduct all the necessary paperwork to effect the same. This rule is applicable to most of the financial assets.
Each of the Financial asset type has different methods of devolution finding its actual got its own eventual owner, and to name few
Asset type Eventual owner
Immovable property – Legal Heir Shares/ demat A/c -Legal Heir Corporate deposits – Legal Heir Bank / Fixed deposit – Legal Heir Locker control in bank -Legal Heir Mutual funds – Legal Heir Employee Provident Fund – Nominee Insurance – Nominee( in certain cases)
Assets types like bank accounts (all kinds of accounts), property, demat accounts, mutual fund holdings, equity shares, PPF, corporate fixed deposits — the nominee acts like a custodian.
A person may have a single nominee but can have more than one legal heir, in such a case in order to pass on the wealth in a smoother manner without any hazzle between the legal heirs , it is important for an individual to write a will.
In most scenario, Nominee is decided during the purchase of the financial asset, and we fail to review the nominee when our life takes a huge turns. When a person was umarried at the age of 22 ,he would have had his father or mother as his nominee, which he would have failed to change after his marriage and after having kids at age of 45 years.
A will, a composite document that specifies an individual’s intention to pass on his asset in a specified manner and about who and how much a person is entitled. A will also becomes a document to announce a person’s asset details and the nature of his financial assets to his legatees.
This does not mean that having a nominee is not a necessary one. If there is NO nominee then there is no way the organisation will be able to hand over the underlying proceeds. In the absence of a nominee, the legal heir(s) need to furnish succession certificates, affidavits for each and every investment and to each and every entity with whom such investments / financial assets have been held.
How to write a will ?
Writing a Will is a simple process. An individual has to list the various asset details and needs to specify who will be benefited with the asset after the individuals demise. Will can also talk about the individuals sentiment over a movable asset and material and how it needs to be handled after his/her demise.
That means for all other assets like bank accounts (all kinds of accounts), property, demat accounts, mutual fund holdings, equity shares, PPF, corporate fixed deposits — the nominee acts like a custodian.
A person has a single nominee but can have more than one legal heir, in such a case in order to pass on the wealth in a smoother manner without a hazzle between the legal heirs , it is important for an individual to write a Will.
In most of the scenario, nominee is made during the purchase of the financial asset, and we fail to review the nominee when our life takes a huge turns. When a person was umarried at the age of 22 would have had his father or mother as his nominee, which he would have failed to change after his marriage and kids at age of 45 years.
A Will, a composite document that specifies an individual’s wish to pass on his asset in a specified manner about who and how much a person is entitled. A will also becomes a document to announce a person’s asset details and the nature of his financial assets to his legacy.
This does not mean that nomination is not a necessary one. If there is NO nominee then there is no way the organization will be able to hand over the underlying proceeds. In the absence of a nominee, the legal heir(s) need to furnish succession certificates, affidavits for each and every investment and to each and every entity with whom such investments / financial assets have been held.
Will is not a compulsory registerable document , so a Will written in a plain piece of paper and properly executed and attested by two witnesses will become a valid Will. But, it is advisable to register a will as a registered Will cannot be tampered with, mutilated, destroyed or stolen. Will needs to be executed when an individual person is in proper mental health.
Though will is simple document to be written , it is recommended to take a legal opinion and hire an expert especially if there is an anticipation of conflict between the beneficiaries. It is recommended to Review your will every 2 years , and make changes according to how your life takes you.
MY LEGAL SPOT 