chacha (Not Available) 18 January 2015

Hma applies here?

The couple (Male Indian Citizen and Female US Citizen at the time of marriage) got married in the US. They are on their way to filing for divorce. The scenario is that one of them is wanting to move back to India and the other doesn't. The question is since they were married in the US, does the Hindu Marriage act apply to them? Also can the person who wants to move to India file for a divorce in India (both of them are now US Citizens). Is there a time period that needs to be fulfilled to consider the domicile to be India rather than US? Thanks

Reply Follow

3 Replies

Jai Karan Nagwan (consultant) 18 January 2015

HMA will not apply.marriage will be dissolve as per US law, both being US citizen.

T. Kalaiselvan, Advocate (Advocate) 20 January 2015

Since their marriage took place as per the laws of US, the dissolution also can be according to that law. You have not stated that whether their marriage took place in accordance to Hindu Marriage laws, hence it will not be proper to give any opinion on it. Since both are US citizens, they can apply for divorce there itself.

chacha (Not Available) 20 January 2015

I am not sure I understand your question of "whether their marriage took place in accordance to Hindu Marriage laws". The marriage ceremony was traditional but held in the US.

From what I am reading about the HMA, it only recognizes mutual consent divorces when the process happens overseas. In this scenario since you are mentioning that the US laws will be applicable, will the spouse who moves to India have a chance to file a second case in India as well?