Legal Question in Family Law in India
RE'' Divorce under the Christian marriage Act
1) My brother lives in a Muslim country & his wife in the UK. They have been living separately for 3 years. Can his wife get a divorce from him if she proves that he was of unsound mind on a few occasions & if she files for divorce, will the court grant an exparte divorce if my brother is not willing to end the marriage??? Also if the divorce is filed either in India (where the marriage was solemnised )or in the UK(where his wife lives) by his wife ,will an exparte divorce be granted & 2) if the exparte divorce is granted by the court, will it be binding on my brother who lives in a Muslim country???
2 Answers from Attorneys
Re: RE'' Divorce under the Christian marriage Act
you have not mentioned religion of the parties which is very essential to answer your questions.
if the marriage was solemnised in India, and a divorce petition is filed either at the place of marriage or at the last known address of the opposite party in India, an exparte divorce can be granted by the court if the party does not appear despite service.
the validity of divorce granted in a foreign country depends on several factors and the question can be answered only after perusing the divorce decree vis-a-vis the attendant circumstances.
Re: RE'' Divorce under the Christian marriage Act
In india Ex-partee decree can be set aside by opposite party showing reasonable cause within limited period.For granting ex-parte decree the court should be satisfied about summons duly served and inspite of that the opposite party was not present.
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