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Ashok (none)     26 June 2014

Divorce with foreigner in india

I was married in june 2010 in Russia with a russian girl. We lived in Russia and visited India twice every year till I shifted to India last year. Last time I visited Russia was in January 2014 and my wife visited India in April 2014. My wife refuses to live permanently in India.

On what bases can I get divorce in India. She will not come to India for divorce process. How long will it take to get divorce?



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 6 Replies

Prakash S Thakkar (B.S.L LL.B)     27 June 2014

Bro make clear whether u hv done inter caste or nt. 1. If yes then file under special marriage act. On grounds last resided in india. Hence filing here.

Biswanath Roy (Advocate)     27 June 2014

As you married in Russia jurisdiction for Divorce  shall be at Russia.


Ashok (none)     27 June 2014

Mr. Roy, the marriage certificate was appostolized and then registered in Indian embassy in Moscow.  On that basis my wife got PIO card.

Being married in Russian jurisdication doesn't mean marriage is not legal in India. Isn't it? And if it is legal in India, there must be a provision for divorce in India.

 

Mr. Thakkar, not intercaste. As I mentioned in my first post, my wife is russian with no indian ancestors.

T. Kalaiselvan, Advocate (Advocate)     28 June 2014

The question is of not legality of marriage, it is which country's law shall apply.  Since you have given additional information about your marriage being registered as per Indian laws in the Indian Embassy in your subsequent post, how do you expect the experts to give you a proper opinion without knowing the details, the experts are not astrologers to know what has happened in each and every querist's life without they furnish the details.

Now to your question:  If your marriage was subsequently in  accordance to the provisions of section 24 of Foreign marriages Act which reads as given below:

24.Certification of documents of marriages solemnized in accordance with local law in a foreign country.-

(1) Where ----

(a) a marriage is solemnized in any foreign country specified in this behalf by the Central Government, by notification in the Official Gazette, in accordance with the law of that country between parities of whom one at least is a citizen of India ; and

(b) a party to the marriage who is such citizen produces to a Marriages Officer in the country in which the marriage was solemnized ----

(i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be true copy that entry;

(2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be admitted in evidence in any proceedings if it were a certificate duly issued by the appropriate authority of that country.

Thus, if your marriage was registered  under the above provisions or under the provisions of Special marriages act in India, you are eligible to apply for dissolution of your marriage by a decree of  divorce in India under the said provisions of law based on the grounds available with you as per  the governing matrimonial law of India.

Getting divorce in India will be difficult because of slow court system, and possibly need of your spouse to be present at the divorce.

NITHIN   28 April 2016

My query is on similar lines. I, an Indian citizen married to a Singapore citizen have decided to end our marriage on mutual consent. Our marriage was solemnised & registered in Singapore under Singapore law. We were married in June 2014 and have been living separately since September 2014.Marriage certificate has been attested at the Indian high commission in Singapore.I would like to know the procedure for filing for divorce in India and at how many times both of us have to be physically present in court. Your input is much appreciated.

NITHIN   28 April 2016

My query is on similar lines. I, an Indian citizen married to a Singapore citizen have decided to end our marriage on mutual consent. Our marriage was solemnised & registered in Singapore under Singapore law. We were married in June 2014 and have been living separately since September 2014.Marriage certificate has been attested at the Indian high commission in Singapore.I would like to know the procedure for filing for divorce in India and at how many times both of us have to be physically present in court. Your input is much appreciated.


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