Raghabendra (engineer) 23 December 2018

Need urgent advice - indian marriage at malaysia

Dear All,

We both are Indian citizen and Hindu...

I work at Malaysia and during my marriage I was settled at Malaysia...I got married an Indian girl from Delhi...

Marriage registrtaion at Malaysia

We fall in love in 2015 and I asked her to come to Malaysia and we married at Malaysia as per Malaysian Hindu law...we had signed prenauptial agreement before marriage about property rights (no claim from either party)...

Social part of marriage at India

Only we did some temple puja (exchange of flower mala at India, means like a temple marriage without registration) and SINDOOR giving at India...also have gave one fist for family get together at India...

This year June she went back India and she dont wan't to continue with me....Now matter going to contested divorce...

Her advocate suggested her to proceed at India as we are both Indian citizen..My advocate telling that as marriage was solemnised at Malaysia (registered at Malaysia), so divorce case should proceed at Malaysia and Indian law will not applicable for our case..

Query
1. As some activity after marriage (temple puja and SINDOOR dan" was at India, so still Indian law is applicable? Or malaysian divorce is enough for us?

2. We have prenauptial agreement was there at Malaysia and how it will work if case proceed as per Indian law?

Reply Follow

3 Replies

RICHARD F (STUDENT) 24 December 2018

there was some case like the same I have read it the oldest sSupreme Court reportable will text you later

Vijay Raj Mahajan (Advocate) 24 December 2018

The Hindu Marriage Act,1955 applies to Hindus domiciled in the territory of India, even if the Hindus living or working outside India but are domiciled in India the Act will apply to them. The Supreme Court of India has gone ahead a step further in one of it's case law where a person who may not be domiciled in India by his own consent move ahead for divorce etc.under the Hindu Marriage Act,1955. The person living and working in Malaysia is still citizen of India and still domicile of India for all purpose can move ahead seeking dissolution of the marriage under the HMA in India even if the Hindu marriage solemnized and registrated outside India. It's not necessary that only Hindu marriage solemnized and registrated in India can be dissolved by the Indian court it can be any Hindu marriage between two Hindus.

K.K.Ganguly (Advocate) 25 December 2018

1. You have registered your marriage in Malayasia as per the law prevailing there.

2. So, primarily, you shall have to get the decree of divorce from the Malayasian court.

3. You have performed the extended rites and customs in India after registering the marriage in Malayasia for which you can argue that it was not the marriage performed in india but extension/repetition of Hindu rites already performed in India.