If marriage took place in 2006 in India, but was never registred in EU, how to get dicorced?
2007-12-27 00:26:27 · 6 answers · asked by Luisa 1 in Politics & Government ➔ Immigration
The very fact your marriage took place in India with an Indian according to Indian Matrimonial law, you can seek divorce from Indian Family Court situated in the district of India where you got married, or where your Indian Spouse now stays in India or where you both stayed together last in India. In any case the territorial jurisdiction of the matrimonial dispute & its redressal is in India only. The very fact you are a foreigner married to an Indian, so the first issue which has to checked regarding according to which form of marriage you have gone through him. If it was the civil marriage, which takes place under the provisions of the Special Marriage Act,1954 before the marriage officer, you marriage for all purpose is valid & legal. You have to proceed for divorce under the provisions of this Act only in India. In case you married this person according to any religious form of marriage say according to Hindu form of marriage if this man is a Hindu, but you not being a Hindu by religious at the time of such marriage by conversion to Hindu religion or by adopting Hindu religion by proper procedures as applicable, then such marriage is Void abnito i.e. absolutely void & illegal in the eye of law. In such case you are as good as unmarried without any legal liability at all. You may or may not proceed to get such marriage annulled by Family Court in India but your marital status will be that of unmarried person in the eye of law as it is void abnito marriage for which a decree of court is not necessary declaring it so. A Hindu marriage can take place only between two Hindus to be valid according to the Hindu Marriage Act, 1955. Any marriage between a Hindu & non Hindu according to Hindu form is void abnito according to this Act. Considering this legal position, first thing which is required in your case is to check the validity of your marriage & then only it is advised to proceed for divorce proceedings in the Indian Family Court. As far divorce is concerned it is always advised to proceed for divorce by mutual consent, which is most convenient & easiest form of divorce. It may take six months or so for its finalization, but on certain exceptional cases the period of six months requirement to grant divorce is also for gone by the family court. As far separate living of one year or more, before proceeding for divorce is concerned, that can be adjusted/explained/stated as your marriage took place in 2006 almost two years back. All these details will be taken care by a lawyer in India, but your presence for this divorce in India is compulsory & it won't take place in your absence or simply by your representation through a counsel. Family Courts insist the presence of both the parties in any matrimonial dispute before it & it is clearly provided so in the Family Court Act, itself. This is a brief regarding divorce proceedings in Indian Family Courts. vijay_mahajan5758@yahoo.co.in
2007-12-27 15:47:05 · answer #1 · answered by vijay m Indian Lawyer 7 · 6⤊ 0⤋
You need the marriage registration documents from India (if no documents are at hand, then self-sign a sworn affidavit of the marriage and cohabitation along with signatures of two or more witnesses). File this retroactively, along with a petition for a divorce in EU itself. A divorce is much quicker to process in EU courts than in India. If there is mutual consent to divorce then both can sign the affidavit and the process is much easier.
It is a good idea to consult divorce lawyers in India and in EU.
2007-12-27 08:53:34 · answer #2 · answered by Mocha 2 · 0⤊ 0⤋
The marriage does not need to be registered in the EU to be considered legal and binding. They may have to seek a divorce in India. Speak to the Indian embassy or a lawyer.
2007-12-27 08:31:51 · answer #3 · answered by Tony A 6 · 0⤊ 0⤋
look men, you know the government of EU have a different marriage law in every EU members country just like india too have a different marriage law regarding interracial, as you said you did not register your own marriage in your own country, from there you have the intention to make fool of this indian girl, so why bother to divorced here in your country, as long as your country concerned you are not married in your own land. F23k you
2007-12-27 08:34:13 · answer #4 · answered by lepactodeloupes 5 · 0⤊ 1⤋
law law law yet it is too expensive the
PRICE YOU base this QUESTION UPON
hire an attorney being it is your idea
but do not forget the INNOCENT
THAT bllod of the idea you mixed intoo
its TRAGIDIES
might be forgotten to you but it lives in the memory
and then turns back to you in its reality
EXPENSIVE BUT DO IT BOTH RIGHT
FOR YOUR SAKE as in [[ Your's ]] ONE BAG ,,,
what ever DICORCED IS ??
2007-12-27 08:41:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
sorry i dont know the answer, but all i can say is gd luck
2007-12-27 08:59:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋