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Charlie   06 April 2016

Remarriage in other county without declaration of divorce

Hi,

 

We are married in India as per Hindu marriage act.After that we shifted to SIngapore.My husband filed divorce in Singapore and got divorce there.But before final decree he shifted to India and me and my kids also shifted to India due to his relocation.So Singapore court gave final judgemnt in Singapore but transferred ancillary matter in Indian Court as both parties are reciding in India. My husband also filed for recognition and or confirmation of dissolution of marriage in Indian Court. This petition is pending in Court. Now he remarried in Singapore. I got his marriage records. So is it legal to remarry in other country without getting Indian Court's divorce confirmation. In this case what are the possible action can be taken against him?



Learning

 3 Replies

Vijay Raj Mahajan (Advocate)     07 April 2016

Decree of divorce obtained from Singaporean court is valid unless it was set aside and declared void by Indian court but this was not done hence your husband moved ahead and got remarried. You didn't object to the divorce proceedings in Singapore nor filled any matrimonial case like RCR in Indian court objecting to the foreign court proceedings and orders of that court. You had thus submitted to the jurisdiction of foreign court, now cannot raise objections to the jurisdiction of the foreign court in India.

prabhakar advocate (advocate)     07 April 2016

The most important thing for us to know to give sound advice is that on what ground your husband has got divorce decree in Singapore.  If the ground like irretrivable break down of marriage was relied and on that ground, he got divorce decree, such decree is not valid in India and as such that decree is invalid and he is liable to be prosecuted for bigamy, if you are interested to pursue in that line.  On the other side, if his divorce decree was obtained on the ground of cruelty, desertion etc., which are the grounds available under HMA and also you submitted yourself in that foreign court, that divorce decree is valid and no offence can be alleged against him for his second marriage.  But, after all this, you are entitled to file maintainance case against him, if you are otherwise entitled for such relief or one time permanent alimony under Section 25 of HMA.  Your kids are definitely entitled to maintenance.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     07 April 2016

I endorse the view expressed by learned expert Mr.Prabhakar that the exact cause for which divorce proceedings were initiated and granted needs to be disclosed.   Further, what "ancilliary matter" was transferred to India and the present status there of also may please be stated.


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