Legal Question in Family Law in India

I am Indian citizen living in Belgium married and later divorced with a Belgian citizen.
This marriage was performed in Belgium and not in India.
During the period of separation and before divorce was not granted in Belgium i got married to a Indian citizen.
As per the Hindu Marriage Act this marriage is void as it was done during the subsistence of the first marriage separation period before officially getting divorced.
Now is my first marriage and divorce recognized in India as it was done in Belgium and in this case can i present a petition for a decree of nullity in India?

Asked on 2/02/12, 5:55 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

0 users found helpful

0 attorneys agreed

as you were married at the time of your second marriage, the second marriage is void ab initio. on the basis of the same, you may file a petition for nullity in India.

Answered on 2/02/12, 7:01 am

Mark as helpful

KAMAL GROVER

0 users found helpful

0 attorneys agreed

No,

You cannot take benefit of your own wrong.

Rest you can try but court will not consider this point.

Regards

Answered on 2/02/12, 8:17 am

Mark as helpful

Vishwa Arya Arya & Co.

0 users found helpful

0 attorneys agreed

from the facts, it is not clear whether your second marriage with an Indian Citizen was performed in Belgium or in India. The jurisdiction would depend upon the place of marriage and where the two have stayed after marriage.

As regards the first part of question, any foreign decree of divorce is executable in India provided the parties had been in contest in the foreign country before the decree was obtained.

Answered on 2/02/12, 8:33 am

Mark as helpful