Legal Question in Family Law in India
procedure to get a divorce from a registered marriage
we got married in india 6 months ago
without letting our families know.Our
marriage is registered as we got
married in the court.I then moved to
the U.S and things were not working
out and so we have decided to part
our ways.We are getting divorced on
the basis of mutual consent and she
does not demand any alumni. Can
you please tell me the procedure and
the documents that would be
required. Can you also tell me if my
physical presence back in india is
essential or can the lawyer take care
of it. And the duration it would take
for the complete procedure as i cant
get a leave from my job for more
than two weeks. Also our religions
are different.I am a muslim and she
is a hindu.
thank you
hussain
3 Answers from Attorneys
Re: procedure to get a divorce from a registered marriage
Presently a New York Court does not have jurisdiction for the divorce. You must make application for the divorce in India.
Mike.
Re: procedure to get a divorce from a registered marriage
already replied
Re: procedure to get a divorce from a registered marriage
Dear Hussain,
I assume you are in USA and she is in India?
If you seek divorce in India even by mutual consent, your presence in the court will be required on at least two occasions; and if she decides to change her mind meanwhile, the things may turn unsavoury for you.
If she is willing to grant you divorce, it is better to file a petition in USA. You may obtain her affidavit which can be prepared in India and may use the same in USA.
The total time required in USA will depending upon your residence of State concerned.
You may provide me detailed facts for a more informed opinion.
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