A divorce claim again in india when already got from foreign
Law Querier
(Querist) 06 March 2018
This query is : Resolved
Marriage is solemnized and registered in india according to the Hindu marriage act. Earlier the petitioner got ex-parte divorce order from foreign country which is not accepted by respondent because it is not according to Hindu marriage act and Indian law. Then, again petitioner has filed divorce petition under Hindu Marriage act in cruelty ground in India.
Que: Can a party file divorce petition in India again, when earlier he/she got divorce order from foreign country?
Vijay Raj Mahajan
(Expert) 06 March 2018
If the divorce obtained in foreign country was by mutual consent, no need for any fresh divorce case in India.
If the divorce was not taken on the ground available for the same in India under the Hindu Marriage Act, fresh divorce petition can be filled by the party in India.
Kumar Doab
(Expert) 06 March 2018
If the said divorce (Ex. Party) is valid in India on acceptable grounds then the spouse may approach the court with decree …and convince the court and defeat the contentions of OP.
If the said divorce was in line with provisions of the law and invalid in India then the spouse can approach court for divorce..
