Legal Question in Family Law in India
divorce
one of my friend is from USA, he is green card holder. He was graduated from CANADA and before he immigranted to CANADA he married here in INDIA. My question is where where he can get divorce? Where is his jurisdection to get divorce? CANADA, USA or INDIA?
2 Answers from Attorneys
Re: divorce
specifically in india
Re: divorce
As per Hindu Marriage Act, two places of jurisdictions are certain and party may choose any :
(a) the place of marriage;
(b) the place where the oppose party is residing;
The third place of jurisdiction is : where the parties lived together last as husband and wife.
this would mean lived together as 'legal residents'; thus if the parties are legal residents of USA/CANADA, they can also invoke jurisdiction of the place where they have lived together as husband and wife.
Pl feel free to ask for any clarification by giving more facts. NO CHARGES.
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