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
6 Answers from Attorneys
Re: marraige in india and divorce in foriegn
Under certain circumstances yes. your decree & judgement need to be perused.
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.
Re: marraige in india and divorce in foriegn
As per your facts, yes
Re: marraige in india and divorce in foriegn
Yes it is genuine in the view of the Indian Law.
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.
Re: marraige in india and divorce in foriegn
Yes,if the same is genuine one and has been passed in view of Indian law.