Legal Question in Family Law in India
i am a british citizen, married to an indian muslim man in india. we have two children above the age of 12. what is the procudure of divorce if initiated by the wife; and who gets custody of the children. we are both shia muslims. marriage registered under special marriges act in india. we currently live in europe
1 Answer from Attorneys
in case the marriage was registered under special marriage act in india, you need to file a petition for divorce in india only under special marriage act. in case your husband and you mutually agree upon the custody of children as well as give free consent for divorce, the petition for divorce may be filed here in india and the divorce would be granted. if your husband does not agree for divorce, then you may have to file a petition for divorce on the fault grounds mentioend under special marriage act such as cruelty, adultry etc....
you need to come to india for filing and you can hire a lawyer here in india and he would file the petition on your behalf.
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