Legal Question in Family Law in India

Divorce Law & jurisdiction
Im a hindu and my wife is catholic. Our marriage was registered under Hindu Marriage Act in 2003. Presently Im in Germany and want to apply for divorce. Can a German court have jurisdiction to take up the case and which Indian Divorce law is applicable, Hindu/Christian.. Please help

Asked on 1/18/09, 4:58 pm

4 Answers from Attorneys

Lawbird in Delhi Taneja Law Office

0 users found helpful

0 attorneys agreed

Re: Divorce Law & jurisdiction

A marriage registered under HMA will be dissolved under the same act. You must file for Divorce in India only and avoid future problems.

Answered on 1/18/09, 8:12 pm

Mark as helpful

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

0 users found helpful

0 attorneys agreed

Re: Divorce Law & jurisdiction

Your divorce will be governed by the Hindu Marriage Act. However, you may seek legal separation from a German court if both of you are currently in Germany.

Answered on 1/18/09, 9:30 pm

Mark as helpful

Bobby Aanand Metropolitan Jury

0 users found helpful

0 attorneys agreed

Re: Divorce Law & jurisdiction

since your marrige have been registered under Hindu Marriage Act. your marriage have to be dissolved on such grounds as mentioned in personal law, which is applicable in India only. German court cannot have jurisdiction to take up the case involving a marriage registered under Hindu Marriage Act.

for further legal consultation, contact:

Answered on 1/21/09, 5:33 am

Mark as helpful