Udit 04 June 2016

Marriage in uk/india, divorce in india

Hello Sir/Mam

Me and my wife got married in UK in Sep 2012 and registered our marriage in UK Registrar office. Then we got married in India under Hindu ceremonies in Nov 2012 but did not register our marriage in India. I am a British citizen now and my wife is an Indian citizen. Now we both are living in India and we have filed a mutual divorce petition together in India. I was wondering how can I get it approved in UK as well or if I need to or not?

Thanks a lot

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2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 05 June 2016

Sir,, If you are taking the divorce in India under mutual consent, then u don't have to take the divorce again in UK and u can use that decree in UK... Warm Regards Kapil Chandna Advocate 9899011450

Vijay Raj Mahajan (Advocate) 05 June 2016

I don't know if your lawyer filled the petition for divorce by mutual consent under the Foreign Marriage Act,1969 read with the Special Marriage Act,1954 or not as the foreign marriage you did in U.K. has to be dissolved under these Acts in India to make the divorce decree valid and applicable everywhere in the world including U.K.

I know local super intelligent advocates in India in such case would have filled the divorce by mutual consent petition under section 13-B of the Hindu Marriage Act,1955 and decree of divorce you get under this Act will be creating trouble for you in U.K.

You are British national and domicile of U.K. and not domicled in India hence the Hindu Marriage Act,1955 will not apply to you, this big mistake the local advocates make while filling the petitions under the Hindu Marriage Act,1955.

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