SuperNuvos (Own) 03 July 2015

Divorce abrod

Hello Experts,

My friend needs advice on his case. He is currently aborad and has a divorce case that has been going on without much progress for more than 4 years. He wants to re-settle with a girl who is working at the same location. That girl is also Indian.

Queries:

1. Can we go ahead and have a registered marriage? My friend doesn't intend to come back to India. His PR is pending though.

2. Where will the marriage be registered? Does it have to be at Indian embassy?

3. My friend's passport has ex-wife's name on it. Will it be checked by the authorities? Can that be an issue?

4. Can he keep away from the divorce proceedings and request his lawyer to keep appearing on his behalf?

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 03 July 2015

1. No, he should not think of re-marriage until first marriage is legally dissolved irrespective of non-intention of return back to home soil and/or a pending PR status.

2. Unless para 1 reply becomes reality no point advising your next question.

3. After a clear legal divorce he should re-marry and then seek fresh passport with re-marriage spouse name.

4. He can if he so wishes, but proceedings may go against him as ex part forever until he complies (if any) based on finality of ex Part judgment whatever that may then be.

[Last reply]

Adv. Chandrasekhar (Advocate) 03 July 2015

Unless divorce is granted, he should not venture to such desperate actions, which may invite bigamy case, if the divorce contesting wife is in revengeful mood.