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el ray (owner)     22 April 2011

Married in USA can we go for a mutual divorce

Married in USA in 2000,  can we go for a Mutual Consent in India?  and what is the procedure?



 24 Replies

Om Prakash Dhusia (HR assistant)     22 April 2011

Time and again the same query of getting married in USA because for many Indians USA is a heaven and then go for separation/divorce on mutual consent.Anyway that is your personal matter but as for suggestion:

1) Get your marriage certificate attested at Indian Consulate at USA to be recognised in India.

2) Register that certificate with the Ministry of External affairs if you are not an Indian.

2) Go to court in India at your palce of residence to submit application for mutual separation and wait atleast for a year to get the permission for divorce and that's it.

Arup (UNEMPLOYED)     22 April 2011

if you are presently at usa, it will be better to desolve it there.

1 Like

manjit kalra (system eng)     22 April 2011

arup is right

el ray (owner)     22 April 2011

>>OM Prakash, >>>  is it not possible other wise??  means i cannot apply in india if this are not done as per your instructions??

Om Prakash Dhusia (HR assistant)     23 April 2011

el ray, let me explain you thoroughly:

If you and your spouse is presently staying at USA, married at USA, then it would be better to deal it at USA and that would be the esay and better solution.

If your spouse is at USA and you have shifted your residence to India but you are not in possession of marriage certificate then neither of the actions legally can be initiated by you.

If your spouse is an NRE and you an Indian resident  and married at India but dont have marriage certificate then you can not claim your marriage in Indian courts and if you have the witnesses to prove your marriage, remember the fact that witnesses can not be relied upon since memory of humans fade away with time and you may not have some other evidence like Marriage invitation card, Pandit/Kazi,Any video recording etc etc.

If you both are/were resident of USA and married there but either of you has shifted to india then marriage certificate duly attested by the Indian Consulate is a legal requirement to prove your marriage.

Another factor may also help if your name as husband or wife is mentioned on the passport details and the passport is isued at India, then those record can be helpful but that requires a court order for passport issuing authority at India from where passport was issued but that is an onerous exercise in futile.

I hope I have exhausted all the probabilities.

First of all it requires a proof of your marriage without which any legal action is not possible.

Have a nice day. Regards.

hema (law officer)     23 April 2011

Om prakashji,

Sincere thanks.  That is what one can call full and informative reply to the querry.

el ray (owner)     23 April 2011

Om Prakash JI,

Thank you,  my case little unique of its kind. where we both are indian citizens met in USA and married in New Jersey Cout (after marriage certificate was NOT endorsed by Indian consulate).  at that time of marriage she claimed to be SINGLE and also mentioned in the affidavit and signed.  later i found out that she was married divorced earlier with a child in india living. first divorce was a   'mutual concent' and not registed in indian court.   was a me had started problems after that.  she came back to india in 2008 and later i came back to india 2009 after one year,  both have parmanently moved back to india.   she was continue living in mumbai and i was living in hyderabad.  after few months i found out that she had opted a pan card with different NAME and different  DATE OF BIRTH, which raised a question to me of why?  where she was not clear abt it and i have decided to diviorced, one lawyer suggest as her first marriage was not registed in india then we can apply for NULLYFY the marriage. but cour has dismissed that case -"not our juridisction".

later she has put a false complaint in karnataka, of 420, 484 of dowrey harrasment by me and my parents (where she never stayed with them/us for more than few days in a year)  later we came to a mutual agreement and met her demands of 10lakhs and gold i owned and she signed for mutual concent in karnataka court. 

later i found out she belongs to / have ties with anti-social elements where she treatend me and our family to kill if we let the things out of her dual identity ( passport with  'X' name  ' A " date of birth   and  pan card of 'Y" name and ' B " date of birth)

i went to local police commissioner but no use as she is a "women" and laws are more favarable.and adviced me to meet mumbai commissioner as she is the resident of so   I have also met mumbai commissioner but as he said it will take "SOME TIME"!!   

where we applied mutual concent in karnataka court in jan 2011.  and i cannot go as i have life treat from here in that state or the lawyer (where he got a treaten call from her so he backed up from the case) to know the status of the case, i know the case number but i couldnt get online update of it. (any help/advice?)

It is 'an unfortunate' situation and  'unfortunate' that i am indian citizen where no authorities can do anything about a "women" where every thing is favarouble and listen to her as she got the "women sympothy"  even after i have solid proof of  NOT ONLY CHEATING ME BUT ALSO CHEATING INDIAN GOVERNAMENT.  it a shame.

Please advice.

el ray (owner)     23 April 2011

and to add.....   we did not even have any proof of marriage expect : certificate from New Jersey court :  and NO PHOTO'S,  NO INVITATION, NO GROUP FOTO ALSO.  can this marriage be proved otherwise?

Om Prakash Dhusia (HR assistant)     23 April 2011

Dear el ray I must add that both of you have not been trying for consensual approach because the lady which I presume is the same who made the same query earlier and I submitted the same suggestion as like you but she was emphasizing on Teaching a lesson to her spouse but you claim that you have already paid her Rs. one million plus the ornmaents as she wanted her "streedhan" in her earlier query.

Now here is the question: if both of you could not prove your marriage since your marriage at New Jersey without endorsement is not recognised in India, then how you made her payment of Rs. One million plus the jeweleries?

And if she accepted those invaluable reward from you then surely you must have the receipt of it, then why you are so afraid of her now?

if you both are not married  to each other as per Indian law then how consensual separation or divorce proccedings are being contemplated in Indian Court because  you are not husband and wife in Indian concept.

I must add further that in her earlier query she was forthright but you were ambiguous and were not straight during your preliminery queries. Don't imagine that I am pre-judging you as I have no calbre to judge someone who is a stranger.

Payment of Rs. one million and the jeweleries to her proves that she was your legal wife and she had the evidence to prove it  without the requisite marriage certificate as both have stated to me otherwise Rs. one million and the jeweleries are not the small amount to part with so easily.

Dear el ray you have played nicely with my emotions. God bless you.

el ray (owner)     24 April 2011

 

om prakashji, i am sorry if i played with your emotions unknowingly... please check your PM box and thanks for your advice

Arup (UNEMPLOYED)     24 April 2011

" we did not even have any proof of marriage expect : certificate from New Jersey court "

 

---   THIS IS ENOUGH TO PROVE A MARRIAGE VALID.

Arup (UNEMPLOYED)     24 April 2011

YOUR PRIVIOUS POSTING SHOWS THAT YOU ARE NOT IN A POSITION FOR MUTUAL DIVORCE.

FIRST AND FOREMOST CONDITION OF A MUTUAL DIVORCE IN INDIA THAT THE SPOUSE HAVE TO AGREE AND JOINTLY PRAY  FOR MUTUAL DIVORCE.

Om Prakash Dhusia (HR assistant)     24 April 2011

No Mr. Arup, any certificate issued abroad should be endorsed by the respective CONSULATE and REGISTERED in their home country can only be treated as recognised/autheticated proof, it includes even birth,health,marriage,divorce, educational,judgement of a court or any certificate in question.Abroad means not USA,U.K.,UAE,China,,Africa,India,Pakistan and every country of the world.It includes,Indian in USA or USA citizen in India say for example.

Certificate of marriage issued in other country not endorsed as stated above is a piece of paper in this case.The questioner say that he is interested in consensual settlement but both have been making serious allegations against each other, so can it be consensual settlement?

Om Prakash Dhusia (HR assistant)     24 April 2011

Dear enquirer kindly re-read the sentence: Abroad means...............but every country of the world (  please replace AND EVERY COUNTRY to BUT EVERY COUNTRY).Typing mistake is highly regretted.

Regards.


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