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Metaadi   12 January 2019

Process of separation of marriage between indian& foreigner

I want to enquire. How can an Indian who married a foreigner abroad, apply for a marriage annulment? What is the process and time duration. 



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 5 Replies

Metaadi   13 January 2019

which particular disorders/illnesses make up for 'grounds for unsoundness of the mind' to give a valid consent of the wedding to take place in the first place. I am referring to the foregin marriage act. 

Vijay Raj Mahajan (Advocate)     13 January 2019

The marriage can be dissolved in the Indian Family Court by the Indian citizen by presenting appropriate petition for annulment or divorce as the case maybe under the Foreign Marriage Act,1969 read with the Special Marriage Act,1954. The court will require the proof of the foreign marriage and that will be the marriage certificate issued by the foreign marriage office whether registrated at the Indian High Commission in the foreign country or not. All issue relating to the marriage will be decided by the court after service of summon to opposite party in foreign country. You require some sensible divorce lawyer to handle the foreign marriage annulment or divorce case in Indian Family Court otherwise you will get any appropriate relief.

Metaadi   13 January 2019

Thanks, What does this mean: all issue relating to the marriage will be decided by the court "after service of summon to opposite party in foreign country."

 

Does the other party in the foreign country, have a right to contest the anullment and is it possible for the other party to contest unsoundness of the mind? 

Dr J C Vashista (Advocate)     14 January 2019

It would be advisable to consult a local prudent lawyer for better appreciation of facts, guidance and proceeding if there is some truth in your question. Prima facie it is hypothetical academic exercise.

Metaadi   22 January 2019

what is the exact procedure to apply for annulment if someone wants to do it on their own? 


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