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Ram (manager)     13 April 2010

Divorce

HI

Me and wife are married for 2 years now. registered under hindu marriage act in tamilnadu. I did a mistake of extra marital relationship and i openly apologized to my wife and with mutual consent we have decided to go for divorce. We are living in Singapore now. On different visa passes.

We wanted to apply for divorce now but we both are not ready to go down to India for courts as it would be more pain to us and our family. will it be possible for us to get divorce thru indian consulate here in singapore? If yes what would be the proceudre.

If not, how do we have to initiate the divorce in India and which place?



Learning

 3 Replies

Anjali (IT)     13 April 2010

Why Indian consulate ?? it has nothing to do with divorce. Just had quick look about singapore divorce proceedings and unfortunatly you both can't apply for divorce there.  If you don't want to travel india, better wait for one more year to complete 3 years of marriage and residence in Singapore , and then file the divorce there.

 

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Singapore

Getting a Divorce

However, if you are certain you wish to proceed with a divorce, there are several requirements which you will have to meet before a Court will grant a divorce: 

 You must have been married for at least 3 years before you can file a Writ for divorce on the ground that your marriage has broken down irretrievably. However, and with permission from the Court, you may proceed to file a Writ for divorce before 3 years of marriage if you can prove that you have suffered exceptional hardship or if your spouse has been exceptionally unreasonable and cruel. You are advised to consult a lawyer.

 You or your spouse must be domiciled (treated Singapore as your permanent abode) at the commencement of the divorce proceedings. Alternatively, either of you must have resided in Singapore for 3 years immediately before the commencement of divorce proceedings.

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(Guest)

1. Both of you need to file in Jurisdiction of Court in India a joint MCD Petition with MoU of settlement properly verified by a JP in Singapore.
2. Both of you need to appoint a common Ld. Advocate under common POA before Jurisdiction of Court where Joint petition under MCD is filed.
3. At admission stage your Ld. Adv. should request for Video Conferencing via Indian High Commission in Singapore.
4. During first / second motion a witness knowing both of you need to authenticate your stand. 
5. Here the catch is whom you both are goign to introduce to Indian Court as your witness when you say in your brief that you both donot want to mix your parents / relatives into such picture ! This question even I am not able to answer :-)
6. You have to wait - MCD will undergo cooling period of 6 - 18 months as per Law.
7. After cooling period with witness each from both sides vouchign you will result into drawing a MCD Decree.

I think with my limited knowledge above is doable without setting foot on Indian soil however I will like to get updated with comments on your briefs by other respected experts here if above is not the correct guidance given by me.
Rgds.

Dharmesh Manjeshwar (Advocate/Lawyer)     13 April 2010

For an MCD ... both the Petitioners have to keep themselves present before the Family Court for atleast one counselling session .....


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