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sai (nil)     21 September 2012

Divorce act

i am from India,i got married a singaporen.he came to india and got married and registered. i was in singapore for few years.then had divorce from singapore court.

i was working in singapore and i am holding singapore citizen.i married a guy (indian citizen) who was working in singapore.we came to india and married. now he got married an another girl and settled in india.i filed a case aganst him.

he is saying that can't accept singapore divorce by indian law in indian court.

can you please sugest me that, do we have any law books or any act to show international divorce accept in india court.where can i get details.



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 8 Replies

Tajobsindia (Senior Partner )     21 September 2012


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sai (nil)     21 September 2012

my first husband is not an indain.he is an singaporean and married .registered as per singapore law.

we got divorce from singapore court.

i am not talking about my first husband.

after that i married an indian citizen in india and registered in india. 

second husband married another girl in india and staying with her and have kid for her. i am staying with my parents now.

Tajobsindia (Senior Partner )     21 September 2012

sai (nil)     21 September 2012

i filed a bicomy case against my second husband.  my  second husband filed a divorce case he didn't get divorce.every month he is paying maintenance to me

.is there singapore court divorce (international divorce)can accept in indian court.in what act and is there any books say that singapore divorce act.

asper singapore law it is valid everywhere.

sai (nil)     21 September 2012

plse kindly advice me where to get the law books or under which act can i prrof that singapore divorce is valid and accept in indian court

sai (nil)     21 September 2012

Sir,

Thnks for your reply.on 1992 i (indian) married in india and registered in india.first husband is from singapore.i went to there and got permanent resident later got singapore citizen on 1998. on 1998 i got divorce from singapore court. my 2nd marriage was on 2001.my 2nd husband is an indian citizen was working in singapore.we came to india got married in india and registered in india. we both were in singapore.later he came alone to india and he married  and settled in chennai and have kid for his 2nd wife. i file bicomy case in india.now i am in india and i am holding PIO Card. case is going on for almost 6yrs.he applied for divorce.court didn't give him divorce.now i am getting maintenance from him monthly.they are dragging this case.the other party is saying that singapore divorce can't accept in india court.my lawyer is saying that get any law books from singapore.is there international divorce will agree in india court.

plse help me this under which act is acceptable.


(Guest)

First marriage and divorce is valid.

your bigamy case against your Husband is maintenable in india.

Tajobsindia (Senior Partner )     21 September 2012

@ Author,

I am pulling out of your query as I cannot understand now your 5th. goalpost. 

Your first query says something different to your second and above 5th. reply. There are missing Nouns and Verbs here and there in your replies in this thread which makes some sentences read like past continuous tense and I am sorry unless I understand clearly a persons English I have problem giving clear remedies otherwise it will be travesty of justice to a person with whom I am interacting with which would be un-ethical on my professions part and I cannot afford to sound like a fool at this juncture
J  

See, if you were an Indian national and first spouse is Singaporean national at the time of first marriage then under which Indian Act your first marriage and subsequent registration happened in India? That is not clear even now. Later on you got Singaporean Citizenship due to two grounds; one PR status and seocnd marrying a Singaporean - OK that I am agreeing it is done deal. So how come as brother @ Prajapati says which I observed your first divorce in
Singapore is valid which he says without knowing under which Indian Act your first marriage followed by its registration in India happened???

Now due to your dual nationality PIO Card also brought into the picture which I fail to understand how can you be allowed to retain it which you have not clarified how you got a PIO card? I can only guess you got PIO Card due to your second marriage with an Indian and that Indian was living in Singapore with you for years is first quess or second guess is probably while living on PR status in Singapore prior to your second marriage you can also get an PIO card but endorsement of spouse is Singaporean national should be there in the PIO Card if you got a PIO card as in this second guess ways so either of two guess is true on how you got your PIo Card. also just after Indian marriage / registraion you say you left for Singapore so unless you apply there during first marriage you could not get one PIO Card and if you applied this way then under marital status Singaporean husband shoul dhave been mentioned as you cannot leave that coloumn blanck.

Now situation has changed because first you gor divorce having PIO Card and later you remarried with an Indian and your second husband who is Indian has already now got himself re-married and now has two kids and your PIO Card which you got following either of the above two guesses needs to be surrendered within 30 days by first by you and later re-issued and then by him (second husband) bze he is the one who would have given an understaling later to High Commissions Office in Singapore on "change mariial status" of your PIO card the moment he became your spouse and with such "change marital status" of PIO card holder he must have given undertaking for this spousal PIO Card surrender as whenever "change of cirumstances as when appears between spouses" too.

MEA and FRRO Offices donot understand all these they go by books i.e. if marital change of status OR re-marriage by a PIO Card holder who has earlier shown to have been married to other National (though you can have a PIO card in that case too) but the moment you re-marry already having a PIO card your "marriage status" needs to have been changed by surrendering it and request for fresh Issue of the PIO Card and MEA and FRRO Offices here in India says either simply surrender first PIO card period that is what they say without giving any explanation but explanations are actually above. 

Further, in my opinion you could not have got PIO card based on your first marriage bze he is Singaporean Nationality it is only due to your dual nationality you got PIO Card or due to remarriage with an Indian you got one but the position in Law remains the same as explained above for retianing or  surrendering a PIO card in whiever fashion from above two you got it. You may clarify at what marital status stage you got this PIo Card.

So see, I have no desire to confuse you with other legalities of your case now. Detailed Chamber discussions are needed on your case.

Singapore Marriage Laws are not applicable in
India provided if you are dual national in the absence of no knowledge to us about Indian Act under which you first married as first husband being a foreigner. In may quess parties in India must have been married under Special Marriage Act and Registration of their marriage should havealso  been done under this same Act - you are best to calrify this.

Now if under Special Marriage Act the first marriage took place in India then their foreign divorce (in Singapore) of parties is valid provided "consent" was given by both parties to dissolve their marriage under Singapore Laws and for the same earlier placed SC Judgment sqarely fits in confirming your earlier divorce and there is no need for Indian Courts to know about Sigapore Laws or for that matter your Advocate to know about Singapore Laws / Law Books and the SC Judgment that I placed above is more than enough and ask your current Lawyer to carefuly study the binding Law from Hon'ble SC by takign a printout and then I would agree to brother @ Prajapati's short and sweet reply.

Hence, after clarifying why I am pulling out as with above straight forward thoughts which is to say politely that more confusions coming on board probably due to may lack of understanding of English, if it helps you may accept our best wishes and I hence close my further replies on this post.


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