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Divorce procedure for husband in India and foreign citizen wife
02-Mar-2023 (In Divorce Law)
14 Years After my 1st wife's Death in 1997 - I married a Singaporean Citizen in Singapore on Feb. 8th 2012. After some time I took my daughter from the first marriage there. Then a Horror Story for my Daughter & An Emotional Trauma for Me Started as my wife started Treating My daughter with Cruelty, discriminating between her & her daughter from her first marriage. Her behavior towards me constituted constant emotional harassment. The Behavior & Pattern pointed towards a dis-order called NPD. Somehow I took her to a psychologist & there she advised her to let me go. I also took the help of her family members as well as her Friends & Social Circle. But her behavior did not improve. Then I had to put my daughter in a private hostel in Singapore [as she was blaming her for our sour relationship] & I tried to make up but it did not work. So I had to leave Singapore & came to India in May 9th 2016. Since then I am living here. Now My Daughter is also back here
Territorial jurisdiction will depend on where the marriage was solemnised or last place of cohabitation, etc. If the wife is agreeable to file for divorce as well, you can file for a mutual consent divorce in India (provided courts in India have jurisdiction - can be confirmed on the basis of the facts). It is also possible to get a decree of divorce from court in Singapore having jurisdiction. A foreign decree will be valid in India provided it satisfies the conditions stipulated in the Code of Civil Procedure. Again, on point remedy can be decided only when all facts are taken into consideration. Contact a lawyer with all details for a clearer way forward.
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Adv. Mishika Singh
Delhi | 100+ Answers
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Hi! first of all your and your wife's religion is same or different? and what do you want.... means want to continue or want divorce from her? Is she in your contact ? want some more details only then able to give you right advice.
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The answer depends on a number of factors. The principles of conflict of law ( also knows as private international law) will apply to the present case. Since you were married in Singapore, you will be governed by Singapore law on divorce based on the facts you have narrated. We will need to know further details to find out whether an Indian connection can be established or whether Singapore law allows a person of foreign origin to apply for divorce in foreign land of a marriage that happened in Singapore. Did your Singapore citizen wife ever reside with you in India? Please share the complete details to help you advise more effectively. On present facts, it seems unlikely that you can file for divorce in India
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Adv. Tahir Ashraf Siddiqui
Delhi | 100+ Answers
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Hi, in your case , u are govern by foreign marriage act, and for filing divorce in India you should have valid proof of your marriage solemnized in Singapore viz marriage certificate, and also u must have Indian citizenship till now, if you have all this , you can file a divorce petition for the same.
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Adv. Deepak Gandhi
Delhi | 100+ Answers
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Sir, if you were married as per Hindu law you can file a petition for divorce on the ground of cruelty. But if you were married as per some other law then you will be governed by other law. Pls share the details to get help.
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Adv. Pankaj Kumar
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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