Can get divorce in india of a marriage solemnized in london?

Sunlawseeker (Querist) 23 December 2013 This query is : Resolved
Dear Learned Advocates!

Fact : A marriage was solemnized in London between Mr. A and Ms. B. Both are Christians and Indian Citizens. Both are returned and residing in Tamil Nadu.

Query :

1) Can they file mutual divorce in Tamil Nadu?

2) Please provide any rulings/citations of apex/high courts?

Thanking you.

Regards
V.Sundaresan

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ajay sethi (Expert) 23 December 2013
we dont provide citations . was marriage regd in india ?

Arvind Singh Chauhan (Expert) 23 December 2013
No citation required they can file in india.

Guest (Expert) 23 December 2013
Agree with Expert Mr.Arvind.Divorce could be filed in India.

R.K Nanda (Expert) 23 December 2013
1.no

2.no need of any citations.

Guest (Expert) 23 December 2013
Definitely the Indian Citizens who had married abroad and again settled in India could obtain Divorce in India.Before applying for Divorce confirm whether the marriage was registered or certified in India under Foreign Marriage Act 1969,If not complete that formality first then after few days gap apply for divorce.Since it is mutual consent Divorce the formalities could be completed easily.

Guest (Expert) 23 December 2013
Also refer Foreign Marriage Act 1969 Clause 33 chapter VI sec 23 If the Central govt is satisfied that the Law in force in any foreign country for the solemnized marriage contains provisions similar to those contained of this act may by notification in the official gazette declare the marriages solemnized under the law in such foreign countries shall be recognized by courts in India as valid.

Rajendra K Goyal (Expert) 23 December 2013
Well advised by the expert narasimha ji.

Devajyoti Barman (Expert) 23 December 2013
agree with experts.

T. Kalaiselvan, Advocate (Expert) 24 December 2013
I think expert Mr. Narasimma has taken efforts to give a perfect address to the query raised and he is right in his opinion, i.e., provided as per the referred clause, if the Central Govt is satisfied with the conditions therein, a registration of the said marriage and subsequent divorce can be a solution to the query.

Ms.Usha Kapoor (Expert) 26 June 2018
I agree with Raj Kumar alias Narasimha.

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