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Did registered court marriage now want to divorce but wife not wiling


06-Feb-2023 (In Divorce Law)
HI, I am US citizen and I did registered/court marriage in march 2016. I have submitted I130 for spouse visa. I130 was approved but visa is not fully approved yet. I have decided to discontinue with marriage. But my wife don't want to give divorce. How can I get divorce in India? Do I need to file divorce in USA?
Answers (5)

Answer #1
839 votes
Whr u hve married thr only u can file divorce as if u married in India and than u hve to file in India only and if u file in USA , she won't come thr and case will not be filled. And u can make her understand .

LawRato

Answer #2
629 votes
Dear,

First of all your registration of marriage was done under which law is not mentioned. There was a Hindu Marriage Act and secondly if you are US citizen then Special Marriage Act is there. In case your marriage under HMA then file voidale marriage application. or in case Special marriage act then file divorcee application.
Thanks.
Answer #3
668 votes
You can divorce file in India. And your wife doesn't concent. so you file divorce petition before district court and desired by the court. Under the special marriage act and divorce act.
Atul faldu, advocate,Rajkot
Answer #4
850 votes
Dear, you have not mentioned that where you married? means where you registered marriage.if you have registered your marriage in India then you have to get a divorce in India only.if not registered in USA.and yes but you can withdraw your sponsorship to your wife in the USA.
Answer #5
684 votes
if marriage has taken place in India, divorce decree of US court will not be binding. you need to file a divorce petition before family court in India and make out grounds for divorce as per section 10 to 13 of Hindu Marriage Act

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