471+ Lawyers are online 
Create MOU in India while we're abroad
03-Sep-2023 (In Divorce Law)
Hi all,
Got married in April 2022 in India (no registration done in India yet), and then moved to US and registered our marriage (civil marriage) here in January 2023.
Constant abuse from wife (verbal, physical, emotional).
We'll go for a mutual divorce when we return to India in November 2023. Can we create an MOU in India now while we are still in t and get it notarized still in US to get the divorce talks started at least?
What's your suggestion here regarding my situation ?
The general rule is that in case one of the parties to marriage is an Indian, while the other may or may not be a foreign national, whereby marriage took place in another country, the Foreign Marriage Act, 1969 applies. As per section 18 (3) (a) of Foreign Marriage Act, application for dissolution of a foreign marriage is particularly allowed in the following scenarios:
Parties to the marriage are domiciled in India at the time of divorce petition.
The petitioner wife was domiciled (permanently residing) in India before marriage, and has been residing in India for past 3 years immediately before applying for divorce.Â
As per the Act, provisions of divorce in a foreign marriage are governed by the Chapter 6 of Special Marriage Act, 1954. Such a divorce petition is allowed only when the petitioner is residing in India.Â
To know more you can contact me
Parties to the marriage are domiciled in India at the time of divorce petition.
The petitioner wife was domiciled (permanently residing) in India before marriage, and has been residing in India for past 3 years immediately before applying for divorce.Â
As per the Act, provisions of divorce in a foreign marriage are governed by the Chapter 6 of Special Marriage Act, 1954. Such a divorce petition is allowed only when the petitioner is residing in India.Â
To know more you can contact me
Helpful?
Adv. Arka Banerjee
Kolkata | 25+ Answers
Chat
As per your query in law rato, yes you can proceed with mutual divorce once you return in India in November, before that ut is require to prepare the draft copy of the petition. Please let me know if anything else is required.
Helpful?
Adv. Subhankar Sanyal
Kolkata | 200+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
- How long will it take to get Dowry back after filing police complaint
- Protect from 498a and false complaints
- Want to take divorces from my husband peacfully.. I am financially sta
- Cost of filing a divorce and settlement of both parties after divorce.
- In laws Threatening with false cases and verbal abuse
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
