Legal Question in Family Law in India

marraige in india and divorce in foriegn

if some one has married in india both are indian , and they have registar marriage in india and got the divorce in foregin , is it valid in india as per hindu marraige law


Asked on 7/31/08, 2:50 am

6 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: marraige in india and divorce in foriegn

Under certain circumstances yes. your decree & judgement need to be perused.

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Answered on 7/31/08, 7:50 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: marraige in india and divorce in foriegn

The validity of a foreign divorce will depend upon consent of the parties. If both the parties have consented for divorce outside India, it may be valid. The issue is not that simple and an appropriate answer will depend upon complete facts like : (a) who applied for divorce in foreign country; (b) which country?

(c) where were both the parties residing at the time of divorce? (d) were both the parties represented before the court? (e) was there any contest? (f) was the alimony issue finally settled? etc. etc.

Please supply complete information for a better opinion.

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Answered on 8/01/08, 1:08 pm

Re: marraige in india and divorce in foriegn

As per your facts, yes

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Answered on 7/31/08, 11:19 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: marraige in india and divorce in foriegn

Yes it is genuine in the view of the Indian Law.

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Answered on 8/05/08, 3:06 am
muhamed mustaque mk associates

Re: marraige in india and divorce in foriegn

divorce is valid if passed by competent court inccordance with hindu law if they were married n accordance with hindu law, if the marriage was inaccordnace with special marriage Act, divorce is valid if it was done as per indian divocre Act. In both circumstances decree from foreign court must be based on merits.

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Answered on 7/31/08, 3:08 am

Re: marraige in india and divorce in foriegn

Yes,if the same is genuine one and has been passed in view of Indian law.

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Answered on 7/31/08, 6:03 am


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