Divorce
Querist :
Anonymous
(Querist) 21 April 2019
This query is : Resolved
Hi I am a New Zealander woman and am currently in India for a holiday with my new engaged partner. I am currently married but separated from my ex husband for about 2 years and 4 months. We have both agreed awhile ago to get a divorce. Are we both able to apply for a divorce here in India even though we married in NZ? If not would there be any other way for us to get a divorce.
Thank you
Guest
(Expert) 21 April 2019
Marriage with out divorce from first marriage is illegal and invalid
Guest
(Expert) 21 April 2019
Presently Adultery is not a Criminal Offence in India.
Guest
(Expert) 21 April 2019
Better your first husband and your self could apply for Mutual Consent Divorce in Newzealand it self to avoid complications and better to have your second marriage after getting divorce in first
Querist :
Anonymous
(Querist) 21 April 2019
But neither both of us are in NZ at the moment and i will not be going to NZ until a couple more months down the track. I am simply asking if there is another way that we could both get the divorce done
Guest
(Expert) 21 April 2019
Let Other Advocates reply please ..........................In Newzealand if both the Paries had separated for 2 years it would be a valid ground for dissolution. Even one party who is in Newzealand could apply for divorce on this ground and Expat divorce could be ordered
Querist :
Anonymous
(Querist) 21 April 2019
Is there any other help that we could use? Please
Sudhir Kumar, Advocate 
(Expert) 22 April 2019
even if you apply for mutual divorce in India still you need at least 18 months. If divorce is contested by other side the years.
Divorce is exception in Indian culture and law and quick divorce is not encouraged, hence there is no legal process for getting divorce within 2 months. Indian courts tend to grant divorce only if when convinced that it is faite-accomplie and impossibility of saving marriage is proved.
As Mr Narasimha has already highlighted that in your case the divorce in New Zealand will be much more easier.
Querist :
Anonymous
(Querist) 22 April 2019
Ok thank you.
Vijay Raj Mahajan
(Expert) 22 April 2019
In India only the parties who are married In India according to any of the form of marriage covered under the Indian enactment, like the Hindu Marriage Act, 1955 for Hindus, the Special Marriage Act, 1954 for civil marriage under this Act in India between two persons, not necessarily Indians, or civil marriage under the Foreign Marriage Act, 1969 between an Indian with a foreigner in a foreign country,can be filled for divorce.
Marriage between a foreigner and Indian according to Christian form in India or any foreign country will be covered under the Divorce Act for dissolution of marriage in India.
If you are New Zealander you have not said about your husband, if he's also from New Zealand or from India? Secondly were you and your husband if he was Indian at the time of marriage got married in New Zealand according to Civil form of marriage that is covered under the Foreign Marriage Act, 1969 or not?
The clarification required with regards to related issues of your marriage, your husband's nationality at the time of marriage and to check if your marriage and divorce can be covered under any of the Marriage and Divorce Acts available in India.
P. Venu
(Expert) 22 April 2019
Admittedly, you are only on visiting visa. It is impossible that an action for divorce could be filed or pursued to its conclusion.
Querist :
Anonymous
(Querist) 23 April 2019
Vijay Raj Majajan-
I completely understand what you are saying. Yes my ex husband is Indian decent and we have both been separated for more then 2 year. Seeing as I am in India I was wanting to put forward a divorce and yes I know I�m only on a visitors visa but enquiring was all I was reaching out for. To give me some kind of knowledge knowing if I would be able to file for divorce here or would I need to do that in NZ because we got married in NZ?
