Divorce international case please help me

724 votes

hello client if u both are ready to get divorce each other legally in a mutual manner then u have to contact an Indian advocate in India who can do this for Ur help and the things can be done in India after tht the mutual divorce can be obtained in India.

Advocate Vishwanath Pratap Singh LawRato

858 votes

Hi first of all what is the court and all saying about the marriage and all how many years is the marriage and all what is wrong In marriage where is there any certificaties for marriage and all is there any proof and all that u guys were married there and all

Advocate Yash Karan Jain LawRato

850 votes

Hi,

To answer your query.

1) You have mentioned you live in Romania and he lives in India and works abroad- Since the marriage was carried out in the Indian Court, you will have to seek a divorce by Mutual Consent wherein both parties agree to terminate the marriage, the Court will initially take your submission on record and after a period of six months. there will be another hearing in which the Court shall finalize your divorce and grant you the same. Additionally, the period of 6 months can be waived off, owing to exceptional circumstances which if there are any, can be brought before Court and the marriage can be terminated. Please note that for a marriage to be valid it does not have to be registered.Your marriage was performed as power Hindu Vedic rites and rituals and therefore it is a valid marriage.

2) Your second issue revolves around your presence in India at the time of filing the divorce petition. Do you have any relatives, or any one to whom you can issue a power of attorney to? The person to whom you have assigned such a POA ( Power of Attorney) can represent you on your behalf at the first hearing. You will be required to come to India for the second hearing, however, in exceptional circumstances this can be managed without your presence.

It's surprising that the Embassy indicated that to you as your marriage has already been completed for which you were issued a certificate. That itself is sufficient.

However, as always, I would require further details in order to guide you on the intricacies of the procedure. Do let me know if you need any further assistance.

Adv. Anuj Nair

Advocate Anuj Nair LawRato

984 votes

In this regard, i want to ask you whether both parties are hindus? if yes, then have you performed marriage ceremony in India ? If yes, then where have you been married ? Place in India ? If you have been married in India, then you can very well seek dissolution of marriage on the grounds mentioned in Section 13 of the HMA, 1955 and then you need to see if the other side ie. Husband is consenting to have a mutual divorce, then getting divorce is easy and can be done in two dates. You have to provide me with complete set of details, as you have not provided the complete set of list of dates in the matter. For further queries, please contact.

Advocate Ujjwal Jain LawRato

967 votes

Dear client, as per your statement here above, it is clear that , you are free to live your own life , as there is no proof of your marriage record in any authority in both country. Hence , no issue of taking divorce in absence of any record.

Advocate Sanjay Kr. Jha LawRato