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Divorce between Indian and non Indian citizen


30-Apr-2024 (In Divorce Law)
I am from Nepal and my husband from India. I want to go back to Nepal. But we are looking to file for divorce without having to stay in same country. What cases can my husband or I be given ex parte? We have been married for 35 months. No children.
Answers (2)

Answer #1
574 votes
Depending on your religion, your husband may seek for mutual divorce under Special Marriage Act. Im assuming that you both want a mutual divorce and you marriage has been registered under Special Marriage Act. Under special marriage act, you both can seek mutual divorce decree. This decree will be valid in Nepal as well.
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Advocate Shreyas Jain

Adv. Shreyas Jain

LawRato Mumbai | 100+ Answers
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Answer #2
965 votes
You have to seek Divorce in such country where you have got married as per the laws of that country. As per what I have understood from the facts stated by you, you do not want to live long in a country to complete your Divorce Proceedings, Am I correct? If yes, then, answer to your question is : You have to be patient, as it takes time to get a Divorce Decree, so if you have married in India as per the laws applicable to the Foreigners and NRIs' getting married in India, you have to come back to India after filing of First Motion in Divorce Proceedings to get your Divorce finalized and to get a Divorce Decree.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ 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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