Foreign marriage not registered in india
kmath
(Querist) 21 November 2018
This query is : Resolved
Now married in canada, living in canada, both
are christaian indian citizen, currently no divorce
filled in canada. he lives in canada am in india.
Canada marriage is not registered in india.
Earlier Married in india divorced in india.
1) Can I file dowry complaint against him in india?
2) Can the hindu marriage act applicable to me as I did not register
in india?
3) Can I file a divorce in india for my canada marriage?
Isaac Gabriel
(Expert) 21 November 2018
How can you prove Hidu Marriage? Indian divorce act may siut for you.Consult lawyer
Vijay Raj Mahajan
(Expert) 22 November 2018
Canadian civil marriage is duly recognized under the Foreign Marriage Act,1969 applicable to the citizens of India, under this Act divorce can be filled in the Indian Family Court.
For applicability of the Hindu Marriage Act, both parties should be Hindus domiciled in India, which is not in the case as both parties are Christians not Hindus.
Dowry, cruelty and domestic violence, such related matters can be adjudicated through Indian courts provided these offences were committed in the territory of India. The court may take cognizance of offences between the Indians in foreign country under the IPC but registration of FIR in police station where it happened will be always be an issue if these incurred outside the jurisdiction of the Indian police stations.
Best course is to seek divorce from Indian court and settle the disputes amicably.
Dr J C Vashista
(Expert) 23 November 2018
Q 1. Yes, a complaint can be filed.
Q 2. None of you are professing Hinduism therefore, provision of Hindu Marriage Act, 1955 are inapplicable in your case.
Q 3. As stated by you earlier marriage solemnised and divorced in India, therefore, the chapter stood closed. The marriage stated to have been solemnised in Canada can be divorced in India under the provisions of Indian Divorce Act.
K.K.Ganguly
(Expert) 23 November 2018
1. You can certainly lodge a police complaint u/s498A of IPC alleging dowry harassment since it is under Indian Penal Code which is applicable on citizen of all the religions in India.
2. The Act based on which you have married will be applicable in your case and certainly you have not married in Canada as per Hindu Marriage Act. So, it will not be applicable.
3. You shall have to file the divorce suit under the act based on which you have mnarried i.e. canadian Act and at Canada since the said Act is not enforceable in India.
