Legal Question in Family Law in India
For an simple explanation my father and mother were both married in India and then later they separated, where my mother is in India and he is in Jamaica with his business. then i got to understand that my father made an divorce paper from Mexico and my mother wasn't presented a notice or anything so she did not go to mexico. So does this mean that the Divorce as been done correctly or it is illegal? is their any option or advice that i should do?
4 Answers from Attorneys
The Divorce which you Dad has obtained from Mexico is null and void and illegal in India.Your mother can do many things against your father..But what does she wants to do ? please inform to get legal advice on it....................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
Just to clear the legal position by Supreme Court on this issue for all on this forum is that If a couple are married under indian laws then they are suppose to get Divorce under the same laws but if the parties to the marriage go for mutual consent divorce in a foreign land then the Divorce is valid and not otherwise. In your case your mother did not participated in the Divorce proceedings. so there fore the Divorce which your father obtained is null and void according to Indian laws . Your father has nothing to do with sec 13 of CPC....................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
Lot of input is necessary. Where is your father located as of now? What enforcement you are seeking? What enforcement of rights your mother wants?
The person against whom, wife may be seeking enforcement is not available within the jurisdiction of the court, how will it benefit that person?
Your question is not complete with all the facts.
In my opinion Indian Courts will not pass any order for a person not within its jurisdiction.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
