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I am french citizen my hus indian need advice for divorce

Advance thanks for all

I am Ramya from France i am born in pondicherry but brought up in france by grand parents

My parents are living  in India and they don't have french nationality  same i am having

french citizen only. Last year i got one marriage proposal from india the family lives in Chennai

this proposal proposed by  my relation who lives in pondicherry.I went india in September first week

with in a week they arranged my marriage i got married in Thiruppathi Temple in Andhra Pradesh

the same date we have some issue about my husband character ( he is not trustworthiness person

and he have relation with some other girls ) after marriage we took some more days to conform

information about his character because there activity was focused in getting french nationality.

we done traditional marriage only we never  registered  our marriage in any register office

in india. After 2 weeks they came home and asked  for register marriage so i went to french consulate

and i submit all my papers for both but the boy side they failed to gave bachelor certificate ,

so they reject my form after this issue totally i lost my trust and i fell i done some mistake

so i return to my country i gave time to them to clear his all issue but after 8 month that family

called me and told me to marry him in my country and they frankly said they done this marriage

for getting nationality purpose only and they thirteen my family members , i told them i can't do

anything in this matter they ask me money for leave me in this issue still they making so many

problem to me and my family.  Any one please advice  in this matter how can i avoid this marriage

can i sue case from france or have to come in india coz i have studies here so i can't come india often

and i want to know we never register our marriage in india just done traditional marriage only

how much time it will take to get divorce if he is not allow to give me ,can i marry some other in india

coz about my country's  law  this marriage is not valued one . I need to cancel this marriage form my country

is it possible or can i sue him from my country ?



 6 Replies

Mango (Consultant)     19 May 2013

May be senior advocates can guide you in a much better way. Just to answer your queries -


1) can i sue case from france or have to come in india


1) You can give Power Of Attorney (POA) to any lawyer in India and he/she can fight the case on your behalf. As per my understanding, you do NOT have any valid point to fight this case in France (your homeland). Moreover, you would be creating opportunities for your husband to come to France to fight this case.


2) how can i avoid this marriage


2) Here are your options for divorce -


a) Mutual Consent Divorce (MCD) - Issueless and fast.


b) Hindu Marriage Act (HMA), Ex. - Section 12(1)(c) - Under Indian marriage laws, the Hindu Marriage Act enables a petitioner to avoid a marriage if the consent was obtained by force or fraud, as mentioned in section 12(1)(c). The fraud must be:


- In relation to the nature of the ceremony.


- In relation to any circumstance concerning the opposite party.


One cannot take fraud as a ground for divorce if the fraud was discovered a year before filing the case. Also, if the parties have been co-habiting after the knowledge of fraud, the petitioner cannot take it as a ground for matrimonial relief.


This is just one example of case. Similarly, your lawyer can guide you better in this.


3) how much time it will take to get divorce if he is not allow to give me


3) First option i.e. Mutual Consent Divorce (MCD) will be the fastest. Second option, HMA, you have to wait for one year of marriage and then atleast two years after filing the case to get the divorce decree.


4) Can i marry some other in india coz about my country's law this marriage is not valued one .


4) Marriage again, lol !!! Legally, if you marry someone else, anywhere (homeland or India) and your husband come to know about this then it's a case of adultery. Personally, you CAN but not on papers... :o)


5) is it possible or can i sue him from my country ?


5) I believe, you can't but a seasoned lawyer can find a needle in a haystack. Do you think so that it's worth spending that much time and money?



Vinayak (self)     19 May 2013

contact national council of women



Unclear whether your husband has lied  to you.If some big lies about career,education etc,then you could potentially file for Annulment in India.But be aware cases in India take atleast a couple of years if your husband decides to contest it and another couple of years for the High Court.

If you can afford it,then go for Mutual Divorce.Because you are NRI,your husband may expect you to pay something to sign for Mutual.

You can`t remarry in India till you get divorce or annulment.

Tajobsindia (Senior Partner )     19 May 2013

I find your query interesting and like to offer help with little education myself inturn as I feel I have not understood your chain of events in better light; however my first cut views are below which I my change once more clarity cometh from your side;

1. Having not Registered marriage is not big issue right as both of you have 1 year left to register a marriage as per State Rules if I take mentioned month of marriage being Sept. of 2012 - correct me if year is wrong guessed by me.

2. I am more worried to know under which marriage form marriage conducted at TTD? Was it Hindu customary or without following customs of parties by a marriage contractor whereupon at TTD there are now hundreds of them conducting marriage sof parties at one of the four mandapas with kitchen there? When I say customary it not only includes taking seven steps but before that conversion of a foreign national following non-Hindu religion into that of Hindu i.e. if you as his spouse already were not profecing Hinduism then your conversion into Hindu religion is a must to be a valid TTD Marriage is my view. - correct me here if I read your facts rightly or totally misread.

3. The above thoughts in reference to your query came into picture for a simple reason, you are French national and you say to us you married to an Indian at TTD so it is a must that the form of marriage must have been Hindu Marriage by conversion if done at TTD (Temple) and if not then you declared yourself to be Hindu by religion yet holding French nationality and then under 1 year marriage ought to have to be (as and when) Registered under Special Marriage Act because religion may be Hindu if for a moment I take yours to be but your nationality being French only SMA applies as legal preference for Registration of such Marriages is my view.

4. However be it so, if marriage itself is not in controversy r/w both parties being Hindus by religion then the marriage is valid as per S. 8 of HMA and now it is shown that due to certain evolving personal issues between spouse they plan to part company is seen from the brief, then in reference to facts it is advised to wait for 1 year of marriage to complete (assuming Sept. 2012 you were married) to file any divorce case as per personal religion – customary laws of parties is my first cut views.

5. There are thousands of reasons spouse bring on board to part company from each other and if your facts seen in light of previous statements then most suitable ground seems to be nil currently as ‘lack of trust in one spouse’  - ‘he interested in nationality only’  - ‘now pressurizing for Divorce by me paying them money’ etc. etc. which you mention in your brief are no grounds at all for seeking divorce either under HMA or even udner SMA and in such scenario it is best to opt for mutual consent divorce after completion of 1 year of marriage if agreed by parties.

6. Now when you allege ‘marriage done just to seek nationality by him’ / ‘for divorce his side saying pay money’ etc. etc. I feel you still have no ground to seek divorce neither under HMA nor under SMA and so far as 'livre de famille' is concerned it was responsibility of both to arrange one.  Note here that if your marriage was performed in India, you first have to register your marriage with the Consulate General of France to receive a French marriage certificate, I see that missing in your query instead you are alleging he did not have bachelor certificate which is not at all impediment in India in reference to context of such marriages is my view. Upon registration parties would have got a “livret de famille”. You can then schedule an appointment to submit your visa application at the Consulate of France more so you say you did at Chennai which I fail to see reason thereof, it should have been filed at Bangalore for Jurisdiction reasons. However for seeking Spouse Visa the mandatory documents are only these even as per French Rules:
A. Passport + one copy of the identity pages, his passport must have been issued less than ten years ago, have a validity of maximum 10 years and be valid for at least three months. His passport must have two blank pages to affix the visa. (The amendment pages are not suitable for visas).
B. One Schengen (short stay) or long stay application form with all columns filled in and TWO recent photographs in the size of 3.5 cm x 4.5 cm with white / light background. Head uncovered. Print it in black. Indicate also his phone numbers and e-mail.
C. Cover letter in original (mentioning if Schengen or long stay visa to settle in France and his address).
D. Parties “livret de famille” + 1 copy.
E. Copy of Marriage Certificate + 1 copy. Please also add a state-attested certificate.
F. Copy of French spouse’s CNI (carte nationale d’identité) or CNF (certificat de nationalité française) + 1 copy.
G. One OFII form. One need to complete the top part referring to "Rubrique à remplir lors de la demande de visa".

From above, under mandatory requirement I don’t see bachelor certificate impediment if he is applying for French Spouse Visa in India after parties marriage was in India unless French Rules changed when you got married and I have not kept update of then Rules, BTW which year we are discussing here is it 2012 or previous year?

Share few more facts if it is not personal in a open public forum from above asked once and let me see how better help can be provided if one party is seeking divorce in reference to context.


thank you for your kind replys  i am hindu and he is also hindu

i got married in 2012 september 2nd only and both we never live together even a day

can we finish this issue with out any court issues means

apart from court  like mutual deed or something else can help me to releave

from this problem soon and , if we done like that  will it be  a problem in future ?

ajay sethi (lawyer)     22 May 2013

you will have to file for divorce in family court . marriage has to be dissolved by court decree .mutual deed has no value .

 if you remarry again during subsistence of earlier marriage the marriage would be void  

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