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Married in India how can I get divorce outside India
06-Jul-2023 (In Divorce Law)
May 2015 I went to Mumbai, India to marry my back then boyfriend. After our court marriage, everything has changed and we are living separate still. I have tried working things out with him but I feel used, as I am living in Europe, he wanted to marry me so he can live outside of India. I want to divorce now and I am not sure what to do? Please could you give me some advice? Do I need to go India to file a divorce? Thanks in advance.
Dear client as u r married in India so I have to file divorce petition in India. If u both r ready for divorce then u can file mutual divorce and will get divorce in six month. If yr partner is not ready for divorce then u have to file contested divorce. For any legal help call me
Adv prasad patil
Pune
Adv prasad patil
Pune
Helpful?
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Dear
Firstly it is imperative to understand as to whether your Husband is willing to cooperate with you and mutually take a divorce? If yes then definitely you may file a case for divorce in Europe. The Indian laws are very clear on the foreign judgement. (Please google section 13 of code of civil procedure titled "When foreign judgment not conclusive?") Factually, the judgement pronounced in foreign courts shall not intervene or contradict with the Indian laws. The courts in Europe recognize "Unreasonable Behavior", "Desertion" and other grounds similar to that in the Indian Laws and hence there shall not be a problem; PROVIDED THERE IS CONSENT FROM BOTH THE SIDES.
Secondly if your husband is not ready to consent, then there could be a problem (for obtaining a divorce from Europe) for the simple reason that juridically the 'marriage' and the 'cause of action' is in India and hence the laws of the land apply. In this case (of husband not consenting) if you take a divorce from the Europe, he will appeal in the Bombay High Court and , if contested, it will be difficult for you to withstand the litigation.
Thirdly what i would suggest you is don't take a chance by filing there in Europe. There is a provision in the Civil Procedure Code by which you can obtain a divorce in India by giving someone a power of attorney. Suppose you give a power of attorney to "A"; A can file a case on your behalf and rest of the counselling and the hearing can happen without your physical presence. "A" will appear on your behalf whenever required. The counselling in this case will happen over the video conferencing (Skype). Also logistics are lesser as compared.
Firstly it is imperative to understand as to whether your Husband is willing to cooperate with you and mutually take a divorce? If yes then definitely you may file a case for divorce in Europe. The Indian laws are very clear on the foreign judgement. (Please google section 13 of code of civil procedure titled "When foreign judgment not conclusive?") Factually, the judgement pronounced in foreign courts shall not intervene or contradict with the Indian laws. The courts in Europe recognize "Unreasonable Behavior", "Desertion" and other grounds similar to that in the Indian Laws and hence there shall not be a problem; PROVIDED THERE IS CONSENT FROM BOTH THE SIDES.
Secondly if your husband is not ready to consent, then there could be a problem (for obtaining a divorce from Europe) for the simple reason that juridically the 'marriage' and the 'cause of action' is in India and hence the laws of the land apply. In this case (of husband not consenting) if you take a divorce from the Europe, he will appeal in the Bombay High Court and , if contested, it will be difficult for you to withstand the litigation.
Thirdly what i would suggest you is don't take a chance by filing there in Europe. There is a provision in the Civil Procedure Code by which you can obtain a divorce in India by giving someone a power of attorney. Suppose you give a power of attorney to "A"; A can file a case on your behalf and rest of the counselling and the hearing can happen without your physical presence. "A" will appear on your behalf whenever required. The counselling in this case will happen over the video conferencing (Skype). Also logistics are lesser as compared.
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Adv. Himanshu Nagarkar
Pune | 25+ Answers
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Filing a divorce petition in india is optional, if you chose to do so.
In india your divorce proceeding would take minimum 6 months. And it will (may be) make you attend the Court several times.
You have better choice to file divorce petition in court of your locality. Divorce laws and rules nearly same in various nations, but procedure might be different.
You can meet me in Pune and Mumbai Locality.
In india your divorce proceeding would take minimum 6 months. And it will (may be) make you attend the Court several times.
You have better choice to file divorce petition in court of your locality. Divorce laws and rules nearly same in various nations, but procedure might be different.
You can meet me in Pune and Mumbai Locality.
Helpful?
39+
39+
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