If my friend get annulment done with his wife in Singapore (as this is a fraud marriage). The marriage is being carried out in India. Is it possible to make the annulment valid in India. What are the procedures to make the annulment valid in India?? Is it possible to just submit the annulment documents to India govt after annulment is being done in Singapore?? I need professional advices or resources, please!!
2006-10-16 18:07:43 · 3 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
No, they can not. They will have to do it via India court as the m,arriage is done in India: They would get it if they ask for it. No problem. Here are the terms in Indian law:
1.Annulment of marriage means the marriage is void ab initio, i.e. void or non-existing since its inception for the various reasons or grounds mentioned in the Statute, e.g. impotency of either of the spouse which results in non-consummation of marriage can be a typical reason for annulment of marriage.
2. Judicial Separation: Grounds on which the spouses can claim judicial separation is similar to those on which divorce can be obtained. Once a decree (Order of the Court) of judicial separation is passed the spouses are legally permitted to live separately; but in the eyes of law they continue to be husband and wife. As a result, though they are entitled to live separately they are not permitted to re-marry. In short, it means separation from bed and board.
3. Divorce: Divorce dissolves the marriage legally. As stated earlier the grounds are more or less similar to those for judicial separation. The difference in that is, after a decree of divorce is granted by a competent court, the parties are free to re-marry.
4. Restitution of Conjugal Rights: This comes into action if one of the spouse leave the matrimonial house without a reasonable cause or a just excuse and the other spouse can make an application/petition to the court asking the spouse who left the matrimonial home to return back. In short, the court on being satisfied that there is no reasonable cause for the spouse to leave the matrimonial home, may order such spouse to resume cohabitation thereby restituting the Conjugal Rights of that spouse. This concept though archaic is still retained in most of the matrimonial statues in India.
2006-10-20 13:20:02 · answer #1 · answered by Just enquiring/ inquiring 4 · 0⤊ 0⤋
no the annulment will not be considered valid in india as well if they get remarried there. there are two completely seperate legal systems in place here. you will have to find out wat the legal position is in each country before you will have an answer
2006-10-16 20:32:43 · answer #2 · answered by Anonymous · 0⤊ 1⤋
you might try seeking the advice of an immigration attorney. I realize that youre not asking for a greencard or such but they should know the marriage and divorce laws of specific countries. good luck
2016-03-28 12:41:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋