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2nd marriage in India after wife took a foreign divorce
21-Mar-2025 (In Divorce Law)
I am a US citizen of Indian origin now living in India. Ours was a Hindu marriage and took place in India. My ex wife filed for divorce in USA after I moved to India and obtained a divorce decree. She is now living and working in USA and refuses to cooperate on Indian divorce. It has been 7 and half years since she deserted me and 6 years since she obtained a foreign divorce. Can I go for a 2nd marriage in India based on the foreign divorce without obtaining an Indian divorce?
you can go for a 2nd marriage. there are no obstructions in your way since your marriage with your ex wife was dissolved by a foreign court which is as a valid one happened according to the legal mechanism of that nation.
If you need a fresh decree of divorce from an Indian court, then you can file a petition for obtaining divorce in an appropriate Court (family court/ Civil Judge (SD)court) in India, against your ex wife under the grounds of desertion and cruelty, where it's jurisdiction lies. In such an event, your ex wife will remain ex-parte and you can easily/early get exparte divorce decree.
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Adv. Kadagala Rambabu Naidu
Srikakulam | 200+ Answers
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