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NRI Divorce

Page no : 2

Adv reema (junior practice lawyer)     07 November 2013

The Indian legal system does not have very exhaustive divorce laws for marriages with or among non-resident Indians. However if a couple has got married in India under the Hindu Marriage Act 1955, the partners can file for divorce by mutual consent, like other Indians residing in the country. If both the spouses are residing in a foreign country, Indian law will recognize their divorce according to the laws of that country, only if it is by mutual consent. Even when the divorce is taking place abroad, it is always better to hire a lawyer who is aware of Indian divorce laws relating to non-resident Indians. A foreign decree is conclusive in India when the decree is passed by a court having jurisdiction as per the Indian Law

Regards

Reema

Samir N (2HelpU) (Business)     07 November 2013

Adv. Grover's judgment is not applicable to you. If both parties are there in the U.S. Court and both parties have advocates and both parties have willingly consented that should suffice to blunt any future attack in India on the divorce decree.  You can then go and enter into a second marriage without any fear of bigamy allegations.  No other steps for getting another divorce decree in India is required.


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