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satheesh (staff nurse)     07 June 2021

Divorce in foreign country

Dear sir

I am tamilnadu based indian., since 2011 i am living in kuwait with my family. I was married her in 2010 in tamilnadu under special marriage act. Both are working in ministry of health hospital and we has 2 children(boys aged as 8 and 5). Since 2 years she has doubtful on me and giving emotional stress every day.

Now I need to divorce her by legal. Because of corona outbreak cannot travel to India for this purpose. What is the steps I must to take to get a help for legal formalities. Can I proceed in indian embassy or must go to India for filing a petition.

I need an urgent help.



 6 Replies

VIPIN RANA (ADVOCATE)     07 June 2021

You can file divorce of the nature of mutual consent in foreign country. Indian Courts do not recognise a divorce decree if it is not granted on the basis of mutual consent being the reason  that foreign laws on other grounds of divorce may differ.

Dr J C Vashista (Advocate)     07 June 2021

I did not find any serious problem from the facts posted here .

Instead of planning for a divorce it is advised to sort out your difference(s) / speciousness / dispute or issue, reconcile if any amicably or taking help from relatives/ friends or respectable members of society . 

Such reconciliation will not only save matrimonial life but also beneficial to kids who require love and affection of both of you, both families as well as peace and prosperity in your life.


Sankaranarayanan (Advocate)     07 June 2021

State the facts clearly . what is the reason she got doubt on you .Yes first you both need to think about the future of the children. You better to solve the rift by way of family seniors and friends and relatives. Which place you belongs in Tamilnadu

satheesh (staff nurse)     07 June 2021

Can u send your WhatsApp number

I will discuss clearly 

P. Venu (Advocate)     07 June 2021

Indian Embassy has no jurisdiction over the issue. You may ascertain whether Laws in force in Kuwait allows such petition to be filed in the Courts there.

T. Kalaiselvan, Advocate (Advocate)     07 June 2021

If the situation is intolerable and not feasible to continue the married life with her anymore, you may decide to file a contested divorce in India itself.

If you are not able to attend the case or appear in person then you may give a power of attorney deed to any close relative back in India who will file the case  and conduct the same in your absence.

You may have to be present before the court only for deposing your evidence at the time of trial of the case.

You may discuss with your parents in India and initiate steps accordingly

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