Is my marriage valid

Enquire whether ground of divorce was based on 'unilateral no fault divorce' or based on fault theory like 'cruelty/adultery/desertion'

Probably it must be 'unilateral no fault divorce'.

But still ex-wife had to move stay on execution of earlier divorce decree technically, stay has to be granted by court.

Check what's the appeal for? She may not be contesting the divorce part but maintenance etc parts in the divorce decree.

Jamai of law has raised a very good point and I agree with his analysis that the marriage is dissoved, since Anitha's husbands' ex did participate in the divorce proceedings

Not clear as to how the ground of divorce whether based on 'unilateral no fault divorce' or based on fault theory like 'cruelty/adultery/desertion' are relevant. Can you please elaborate this scenario?

One party is New Zealand citizen but the other party is Indian citizen but a permanent resident of New Zealand. They separate after 2 years of marriage. Both still live in NZ & intend to live there in future. The wife's family lodges divorce in India (under 13 (1)(i) on her behalf under power of attorney.

If the husband applies for divorce in NZ and the wife is served with summons but she decided to ignore the summons, and the court ends up giving an ex-parte divorce decision, will that be considered valid in India?

What if she raises an objection and the dicorce is still granted, will the divorce be considered valid in India.

agree with jamai of law. anitha why u did not disclose this earlier to the forum that she did participate in early stages. u continue ur relation as before though undercover and wait for the result as ultimately he will get divorce from her.

Since 'no fault divorce' is not one of the grounds in indian/HMA etc divorce laws. It may not be binding on Indian courts to accept it

(But again............... there is difference of opinion.Example: -

What if a man, UK citizen but hindu of indian origin takes a 'no fault divorce'   from his british wife (although hindu by religion any nationality). No appeal preferred within limitation period. The guy then comes to India and marries a indian girl in traditional manners and registers it here. Just because earlier divorce was 'no fault divorce'  type...he can't charged laterwards for bigamy or his second marriage can't be called void.)

I saw a similar citation of Bombay HC. But again last residence, tenure of stay and jurisdiction do come into picture.

There is a citation where in a indian couple took divorce in UK on fault theory, and Bomaby HC upheld it in appeal by wife.

Another case citation:- Also another indian couple took 'no fault divorce'  (US If I remember it correctly, check experts section or some other website) which was challenged by wife in HC in india which was allowed and divorce set aside but suggested to go for mutual consent option

Overseas divorce is anyways a complicted matter.

But thee is no reason to be in panick or to be scared on the 'validity' of amrriage. Better get the marriage registered ASAP. (Anita ji otherwise you will have more problems. Your worry should have been to give legal sanctity to your marriage and registration. Get ti registered.)

Worst cas scenario:- If it gets called "void" by Indian Courts (anything happen in India. They give judgement and not justice!!) unforunately, atleast it won't be your mistake. And to call it void, atleast it should be registered, otherwise courts wouldn't even entertain it easily unless you prove it.

Why to get into all this. Just retain all proofs of your marriage and convince your husband to register it and also get your passport/PAN surname changed (so it helps to show all this documents in future)

Anita ji,

I am surprised that a person like you ..........who can write english and literate is  ignoring the  importance of registration of marriage ....... and marriage in temple etc. Wake up!!!

Divorce in 2007, 498a in 2008, whether appeal on divorce is filed by ex-wife unknwon.

Worry about 498a and other maint case that you are talking about (Your posting also sounds as if you are worried bout those cases and not about divorce being set aside etc. )

getting ur marriage registerd is not suggested, better to keep it undercover till his divorce is validated by court.

he can be charged for bigamy.

I agree, i am little bit worried of these cases as well :-(.

ms kaur right.

do not worry.

now you have to face the consequencies.

face it boldly.

yaa thank u Arup