narain raj (student) 23 March 2013

Marriage has broken down irretrievably - divorce ground

Hello All,

I am NRI married in India as per Hindu Marriage Act. My wife lived with me in country 'C1' for initial 2 months in tourtist visa.
She went to India and applied spouse visa, but she didnt return back and cancelled return flight ticets saying health issue(I'm having her medical certificate).
And the spouse visa got expired.I lived in 'C1' for 2 years 2months.

I moved to country 'C2' and she didnt come with me and not cooperated for applying spouse visa.
After I reach 'C2' they filed all cases saying she didnt return back to me to 'C1' because I demanded more dowry and harrased her without giving food.

All my family members and me got the AB without any condition.
I tried to get mutual divorce in India but they are demanding INR 1 crore.So I stopped thinking about that and fighting with all cases and continue working in 'C2'.

I lived in 'C2' for more than 1 year.
I got the divorce decree in the ground of 'Marriage has broken down irretrievably'(more than 2 years not lived together).

Heard news that recent amendment has been approved in Indian courts to recognize this ground.Is it true?
Is there any way I can validate this 'C2' divorce decree in India?

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3 Replies

Ratnesh kumar (Advocate) 23 March 2013

yes there is a ground for divoerce of irretivable break down of marraige, and second ground of divoerce in your case will be desertion , and spouse if he or she deserts spouse for more than 2 years without any proper reason that the spouse in entitled for divoerce.

ratnesh kumar 09334185956.09835450455

Manish Udar (www.Mehnat.IN) 23 March 2013

Your divorce decree will not be recognised in India.

www.mehnat.in

Tajobsindia (Senior Partner ) 23 March 2013

1. Foreign divorce decree that you say you have is subject to open contest here in India as per our Laws. Refer to older forum post discussions on why? Self learning is best as family law cases are put on long contests here in India.
2. If you / your side are on Bail then 50% win – win situation you are already in.
3. If she has filed Civil cases here in India against you then appoint someone on PoA and service the cases along with exemption for personal appearance application allowed by the civil Court. Refer to older forum posts on PoA? Self learning is best as these are for long contests here in India.
4. If she has filed Criminal cases against you / your side then seek exemption for personal appearance allowed by Court and also find out if video conference facility exists in Court Complex where such nature of cases being serviced. This will help you in future if parties are arriving at some sort of consent to part ways.
5. The News which you heard granting it is powers of our Apex Court and not trial Court that also under special appeal based on merits of the case to do complete justice to parties lis. It is also to say such grounds are not yet Law and thus not included in Amendment as friction exists between various bodies / groups / lobbies.

If you have more questions to seek clean chit from your Indian marriage then I suggest you to spare time and first go over old forum post discussions they will broaden your horizon understanding family laws of the land and then suggested to ask specific questions here.