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cpp   11 May 2018

Divorce for indian citizens in usa

We are two indian citizens in USA. We were settled in USA before marriage as well. Our marriage was registered in USA also (not in India). We might have a small ceremony/reception in India but everything else was in USA. Questions:

 

1. Can my wife intiate divorce in India ? FYI, I believe since marriage was not registered in USA it is not part of Hindu Marriage Act.

2. Can I be part of any criminal proceeding in India ? Like IPC 498 but other laws too.



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 2 Replies

Vijay Raj Mahajan (Advocate)     11 May 2018

Your marriage in USA being civil marriage in nature will be covered under the Foreign Marriage Act, 1969 and your wife definitely can initiate divorce proceedings in India under this Act read with Special Marriage Act, 1954. Yes wife can initiate criminal complaint u/s 498a IPC against you for cruelty in India directly or through her parents even though you were living in USA. Your protection shield for the criminal proceedings in India is missing which would have been your USA citizenship. As Indians you both covered under the Indian Penal Code for offences committed against each other outside India.

cpp   11 May 2018

Does IPC apply if you are not married but just are living in together and have kids ?


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