Divorce foreign husband indian citizien wife

You have no option but to fight the case for divorce file by your wife. If you do not wish to fight and don't appear in the case then the case shall be decided exparte i.e. one sided.

I have handled many such divorce cases and especially for people who one of whom was German citizen.

Firstly as a Citizen of Germany, Domicile of Germany and legally not a Hindu by Religion, the Hindu Marriage Act,1955 does not apply on you. Hindu Marriage Act,1955 applies to Hindus who are domiciled in India, this basic rule/law that was interpreated by the Supreme Court of India in Sondur Gopal vs Sondur Rajini case.

Even if you were made to adopt Hindu religion at the time of marriage, the fact you were and are not domicile of India rather citizen and domicile of Germany, the Hindu Marriage Act,1955 shall not apply to you.

I got one such divorce case dismissed in Alipore District Court, Kolkata early this year itself on this very ground as the Hindu Husband was not domiciled in India and was domiciled in USA.

Your wife petition for divorce can be got dismissed and she will not be able to get divorce from you although she is Indian citizen and Hindu by religion. You can always dictate terms on which you can get her any decree of court to get rid of the marriage tag from her name.

vijaymahajan5758@gmail.com

Dear Vijay Raj Mahajan,

Can you explain further if only wife is hindu and marriage solemnised as per hindu rituals then will HMA will be applicable ?

It's common sense if one party is Hindu and other party non-Hindu how can that be valid Hindu marriage under the HMA.

I disagree with the views expressed by Mr. Vijay as firstly the querist has mentioned about being a German citizen but nothing about not being a Hindu. To ascertain whether Hindu Marriage Act will apply or not, the question of Domicile has to be gone into.  In Sondur Rajni case, the Bombay High Court arrived at the conclusion that domicile at the time of marriage is to be considered.  Even if it is taken that the querist was residing in Germany at the time of marriage, if you see the view taken by the Supreme Court in Y. Narasimharao v/s Y. Venkatalakshmi that "the parties do and ought to know their rights and obligations when they marry under a particular law. They cannot be heard to make a grievance about it later or allowed to bypass it by subterfuges....".  This view has also been taken by the Bombay High Court in Nikhil Shrinivas Kulkarni v/s Priya Nikhil Kulkarni.  Therefore simply the fact that the querist was a domicile of Germany at the time of marriage is not sufficient to allow his to escape the provisions of Hindu Marriage Act.  However, that said, it depends from Court to Court. 

Radhika Mehta you should better go through judgement of the Supreme Court of India in Sondur Gopal vs Sondur Rajini case and update your library, judgment of Bombay High Court was set aside by the Apex Court. Narasimahrao case has no relevance in this case. Domicile of parties at the time of divorce proceedings has to be considered as per Supreme Court not at the time of marriage.

I disagree with the views taken by you as in the SC verdict in Sondur rajani case, the aspect of at what point the domicile has to be considered has not been gone into or challenged.  Ofcourse, the Narasimahrao judgement has validity as it clearly sas that the parties are governed by the law under which they choose to get married. 

obviously not. for application of HMA both parties must be hindu...

btw how did u get married under HMA and not special marriage act?