LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

narayan (self employed)     15 May 2013

Marride overseas

I was married in USA in Jan'2001 and at that time I was an australian Citizen and my wife a indian citizen and a student studying in USA. The marriage was a simple register marriage. 

After the marriage, 6 months later when we were visitng India, we exchanged garlands at home of my parents..

My wife made me come to USa, then made me go to singapore and finally wantd me to to come to India in 2006, 

In between while in singapore she had fled on 2 occasions and had come back. In Nov 2006, she deserted her indian home and I did not know her whereabouts until recently through the net I saw she was working as a specialist doctor in a large reputable  hospital in coimbatore. I am now in India as my parents needed me, and will be in India for some more time till one of my parents pass away, when I can apply for a visa for remaining parent.

1. Is it possible to apply for divorce in India..? Marriage was only registered in USA. It was not conducted in any hindu temple.. 

2. I have applied for divorce in Australia and she has contestd the jurisdiction and is not submitting to Australian court.

If I get a decree from australia in my favour, how can I make it legal in India..?

Narayan



Learning

 2 Replies

SRISHAILA.DHARANI (Advocate&consultant)     15 May 2013

Dear Narayan,

Yes , you can file divorce petition under foreign  marriage act.Bcz it deals with marrriages performed in overseas.

Foreign divorce decree is also valid in india

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

Tajobsindia (Senior Partner )     15 May 2013

1.    It is not clear from your query under which Act the Marriage was registered in USA?

2.    Kindly clarify is it under Foreign Marriage Act OR Special Marriage Act and parties are Hindus or what?.

3.    Even otherwise Australian courts have no jurisdiction to dissolve marriage of parties.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register