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violeta   27 May 2018

Is my marriage valid abroad ?

Hello,I ,UK citizen,married Under Special Marriage Act with an Indian citizen,at the Office Collector and Marriage Officer.We decided to get separated 13 months after the marriage was done.
Can I get married with someone else in Uk or in another country IF : 
1) our marriage certificate was not legalized by External Affairs of India
2) the certificate was not registered in computer,only in a big register
3) as witnesses,we had only his parents and lawyer
4) I did not change my name or status in any identity card,so my ex husband did.
5) I did not declare anything in UK,like I got married in India
6) the certificate contains (as details about me) only my full name,father's name and my address in UK
 
He is convinced we do not REQUIRE to sign any divorce,he says he can easily marry in India,and so I am in UK,but  I still have some doubts.
 
Please help me in this matter,thank you


Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     27 May 2018

Your marriage under the Special Marriage Act,1954 is absolutely Valid Civil Marriage in India as well in your country, UK. In order to dissolve the marriage you have to get decree of divorce from Indian Family Court and without it you cannot remarry anywhere otherwise you can get charged for bigamy and your second marriage will be Null and Void. If you believe your husband or his lawyer that you need no legal proceedings and can marry again in your country than I'm sorry Madam you're being misguided by these people. Contact me if you want legal help. Check my contact details here in my profile.
1 Like

violeta   27 May 2018

Hello Vijay sir,can you please tell me if I can simply send him the divorce papers to India ,he would sign them and divorce is completed?

Vijay Raj Mahajan (Advocate)     27 May 2018

No that's not the way. The process of divorce in Indian Family Court quite different from what you do in your country. Proper procedure has to be followed and than only the Judge of Family Court being satisfied will allow divorce, please avoid quacks for this proceedings as if you were supplied with wrong information by your husband, definitely he'll not be getting you correct decree of divorce from competent Family Court and you'll be in more trouble with any such forged document in the name of decree of court that can be more trouble created for you on your country. Rest I told you if you're seriously seeking genuine decree of divorce from competent Family Court you can contact me, rest its up to you to do as you please.

Siddharth Jain   28 May 2018

the process of dissolution of marriage under Section 28 Special Marriage Act is reproduced below for your understanding :

28. Divorce by mutual consent.—

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2)1[On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

For any other queries feel free to contact me at isidjain1@gmail.com

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