Legal Question in Family Law in India
Dear LawGuru
I am a UK domiciled male who went to Gujarat in 2001 and married an Indian female. She joined me in the UK the same year but our marriage broke down and she returned to India. I received "Divorce Deeds" which was signed under Public Notoray (I returned her part signed by me) and thought nothing of it. I now wish to marry my partner in the UK but cannot becuase the Divorce Deeds is not recognisable here. My question is:
1. If the Divorce Deeds has been "verified" and filed in Gujarat, can I obtain a Decree?
2. If I was to visit Gujarat, can I pursue a Divorce and obtain a decree even though we do not know here whereabouts and her family home has been vacant.
Thanks and regards
2 Answers from Attorneys
You can get a Decree of divorce in absence of your wife too, If you do not have her address etc.I dont know what you recieved as a Decree which was notorised . Decree are not notorised because its a judicial document, it has to be attested by the Court who has passed the decree.
sir, in my personal opinion, what is more important is, to know under what law did you get marry with indian female. It is law governing the marriage would govern the law relating divorce. whether the marriage was under Hindu Marriage Act or Special Marriage Act orunder Christian law?
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