Need urgent advice for foreign marriage


Dear All,

Situation is very worse...marriage was happened like this..

- Boy Indian national but work permit at USA..Girl is Indian national..He tactfully convinced teh girl and took her in to USA by social visit pass and later he got married at USA as per the law over there.. He claverly signed some prenauptional agreement before marriage too, and all in his hand now.. Althogh girl signed but she did not know the proper meanings also..

- There was no court marriage registered in India, not cultural marriage too....

- Now dispute arises and boy is about to get divorce very easily as per USA law..

- Girl now back to India and approached to district court and in forst trial magistate told that their marriage was not as per Indian law and no record in India..

- Their marriage was also marriage not Registered under the Foreign Marriage Act, 1969 or signed before the Indian High Commission and before the Indian Consulate Generals Office. ‚Äč

Now high court advocate and district court magistrate telling that there may not much scope as per Indian law...

Please advice urgently.. Many thanks in advance..

 

 
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Advocate

The foreign marriage even if not registered under the Foreign Marriage Act,1969 or performed in the Indian High Commission or Consulate is very much valid under the Foreign Marriage Act,1969. Your so called High Court Advocate has no knowledge of the Act nor the junior magistrate knows much about the Act. I got many such cases decided in Indian courts where marriages were neither solmnized not registered under the Foreign Marriage Act, 1969, the divorce granted under the Act for Indian citizens by competent Family Courts.
 
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Dear Mahajan Sir,

Many thanks for your valuable reply. Thsi point was clearly unknown and may be unknown to the local magitrate and high court advocate....

Another query that, as per rumor husbend about to get citizenship of abroad. During the case period if he already change the citizenship, and officially divorced from the USA..In such case still we can fight from Indian court for her right?

Kindly suggest..

Thank you in advance..

 
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Business

The issue that decides on whether  the Indian Court or the Foreign Court had right to decide a divorce is based on many factors. The key among them are citizenship and domicile at the time of marriage/divorce. Then there are other factors such as whether the other party had sufficient opportunity to contest the divorce in a foreign country. I suggest that you read the Supreme Court Judgment: Sondur Gopal vs Sondur Rajini on 15 July, 2013. You will get it on the net. That will provide you some insight. Unfortunately, many Judges are not aware of prevailing laws in this area and you need to bring such cases to their attention. THere have been other Supreme Court judgments in this area. I suggest you do some research and not rely on the run-of-the-mill type advocates. I was in a similar situation - I am not a Indian citizen though of Indian origin and had done some reading in this area during my divorce proceedings. 

 
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