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Choosing the right country for divorce and doubts related to that
20-Mar-2025 (In Divorce Law)
I got married in India and later settled in the Netherlands, where my partner, child, and I became Dutch citizens.
Due to the poor state of our relationship, mutual divorce is not an option.
Where should I file for divorce—India or the Netherlands—to ensure I receive alimony for support.
Dear ma'am,
Since your marriage took place in India, Indian courts have jurisdiction over your divorce. If mutual divorce is not an option, you can file for divorce on grounds such as cruelty, desertion, or other personal law-based reasons. To ensure alimony, you can claim maintenance under Section 125 CrPC, which applies irrespective of religion, or under your applicable personal laws (e.g., Hindu Marriage Act, Parsi Marriage Act, etc.).
If your spouse has assets or income in India, enforcing maintenance orders may be easier. However, if most of his financial assets are in the Netherlands, enforcing an Indian court’s maintenance order might be challenging. In such a case, you may need to consider international enforcement mechanisms.
Would you like to highlight any particular aspect further?
Helpful?
Adv. Adarsh Kumar
Delhi | 400+ Answers
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you can file your divorce petition accordingly where are you currently residing india or u can file accordingly where your marriage took place and if your marriage covers under Hindu marriage act then you have to file your divorce petition in india
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Adv. Aditya Bhardwaj
Delhi | 25+ Answers
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If you were married in India then the jurisdiction for divorce will be in India only. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself as well as for your minor child. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Hi. If you got married in India you can file for divorce and other maintenance petitions in India, place of your marriage will be the jurisdiction area. But you will have to be present in india for initiating the proceedings. Please call for further discussion.
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Adv. Bhawani Gupta
Delhi | 50+ Answers
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Since you have changed your citizen ship to being a Netherlands Citizen and none of you are Indian Citizens now there certainly would be upcoming issues in filing divorce from India. However you can choose to do that if you want to move back to India for residence purpose in the meanwhile. However for a more precise opinion further information would be required. You can contact me if required for a detailed consultation.
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Adv. Vikas Sharma
Delhi | 200+ 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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