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Marriage done in a temple in Nepal, can we file for divorce in India


15-Mar-2023 (In Divorce Law)
Hi, i am asking this on behalf of a friend. In the year 2009, my friend got married in a temple in nepal, her father then filed a case against the boy that he kidnapped her. But in the court the girl said that she went on her own and gave a statement that she married with him without any pressure in the court. Later she lived only for a month and went back to her parents. After that they met jus for few times. Now they want divorce as they never lived together. There is no marriage certificate. I would like to know is the divorce required?? She is on her own for last 3-4 years. She doesn't want that tag on her. Kindly advice.
Answers (2)

Answer #1
701 votes
Hello,
For the query you posted there are a number of case laws decided by the SUPREME COURT wherein similar or identical situation had occurred. More so, in the limited facts which you have provided, if the marriage was done I'm accordance with Hindu rites and rituals and there were witness for the same or any evidentiary proof substantiating the solomenization of such marriage, then a divorce is required.

I hope with the limited facts you provided, this answers your query.

Best
M. Faris
Advocate
Answer #2
625 votes
Nepal is landlocked, located between China and India ... (Swayambhunath Temple) ... The Judicial Review in Nepal can be traced back to the early days of the .... you may apply to Consular Section of the Embassy to give Notice of Marriage.

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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