Legal Question in Family Law in India
on 24th of april 2011 i married a german girl in new delhi in hindu act and than registered my marriage in new delhi and than in september 2011 i went to germany and than my relationship not work and she want to give me divorce and she said she can get divorce from german court without my signature so much easily in 9 months but my marriage is registered in india so how should i get divorce here. we have a 4 month old child,he has my name but she want to change my name and want custody, but despite that she can send me divorce papers in 9 months from now on.so please guide me how i get divorce from her in india and what else papers i need from her,should i have to give complete custody of child to my wife or what. please help. I back to India already in march 2012.
I just want divorce but on what grounds I can get divorce, as she told me she will send me german divorce papers with translation but I do not think so she will send me anything.
In how much time I can get divorce and what papers I need because she will not talk to me so I have to do all alone
2 Answers from Attorneys
You apply for divorce in the place you got married on the ground of desertion. You can get divorce in India but you cannot get custody of the child. Mother only get preference over children upto 5 years of age.
Even if marriage is registered in India, the divorce by courts in Germany will be valid. You may send her your consent for the German divorce and follow necessary consequences as to custody etc. as per German laws. However, the two issues can be separated. After getting divorce from a Germany Court, you may still pursue custody matter in Indian courts, if you are living in India.
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I married in india and registered it in india also Asked 4/29/12, 5:34 am in India Family Law, Divorce, Child Custody and Adoption
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