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Clarification on divorce rights for a foreign citizen
10-Feb-2023 (In Divorce Law)
Hello, Kindly advise me in the following case. I am a citizen of Russia married to an Indian citizen. Marriage took place in 2003 in Arya Samaj and registered by Secretary of Government of Gujarat in 2004. There is a child of three years born in India. Now unfortunately we are discussing divorce with my husband and I would like to know what my rights are in case of divorce. First I wad told by my husband that if we agree for divorce without causing problems to each other, there s no need to go to court and he agrees to leave child custody rights with me. At the same time he promised to get Indian passport to the child so that I can go back to my country. However I have few questions with this regard- does such simplified procedure for divorce really exist and how then custody right is offlcially formulated without court decision? If my child is born in India, does he automatically become citizen of India or not, taking in account that I am a foreign citizen?
You can divorce notrise and register your both consent and you are can do in India. And the file for divorce decree before judicial magistrate court. Under the divorce act and special marriage act.
Atul faldu, Advocate, Rajkot
Atul faldu, Advocate, Rajkot
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Adv. Atul C Faldu
Rajkot | 100+ Answers
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No for divorce you have to contact family court.You have right of maitance.Child custody remains with you till the age of 18 years(min.)You have many more rights.so don't worry .Also your child have rights to avail Indian passport as he borns in India
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Adv. Surendrasinh A Thakor
Surat | 100+ Answers
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Firstly, my advice on divorce.
Your husband want to give divorce as per mutual consent. When husband and wife agree to take divorce then they can file joint divorce petition.
When you file divorce petition then court gave you 6 months for conciliation. After 6 month you and your husband can file affidavit that there is no chance to live together then court gave you divorce order.
Now custody.
As per Hindu minority and gaurdianship act, child not more then five years lives with mother, but natural guardian is a father. You have to get consent decree from court that your husband abandoned his right over your child.
Every child born in india get citizenship of India as per citizenship act, same like USA. But after getting court order for Gaurdian and custody you can alone get passport of your child.
Your husband want to give divorce as per mutual consent. When husband and wife agree to take divorce then they can file joint divorce petition.
When you file divorce petition then court gave you 6 months for conciliation. After 6 month you and your husband can file affidavit that there is no chance to live together then court gave you divorce order.
Now custody.
As per Hindu minority and gaurdianship act, child not more then five years lives with mother, but natural guardian is a father. You have to get consent decree from court that your husband abandoned his right over your child.
Every child born in india get citizenship of India as per citizenship act, same like USA. But after getting court order for Gaurdian and custody you can alone get passport of your child.
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