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German citizen india citizen divorce


27-May-2026 (In Divorce Law)
Hi. We are Hindus and one of us is German citizen and other one is Indian. We did hindu marriage ceremony but registered in Denmark as civil marriage. After marriage we live in respective countries and want to proceed for divorce. What is the procedure? Will it be HMA or SMA since registration was done in Denmark?
Answers (4)

Answer #1
655 votes
Since both parties are Hindus and the marriage was solemnized through Hindu rites, Indian courts will generally treat the marriage as governed by the Hindu Marriage Act, 1955 even though the marriage was later civilly registered in Denmark; the Danish registration usually serves as proof/recognition of marriage and does not automatically convert it into a marriage under the Special Marriage Act, 1954. Therefore, if you wish to file divorce in India, it would most likely be under HMA (preferably mutual consent under Section 13B if both agree). Since one spouse is a German citizen and both reside in different countries, divorce may also be possible in Germany or another competent foreign jurisdiction, but any foreign divorce decree should be structured carefully so it is recognized in India, especially under principles laid down by the Supreme Court of India in cross-border matrimonial cases.
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Advocate Barath Kumar

Adv. Barath Kumar

LawRato Chennai | 25+ Answers
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Answer #2
971 votes
Hi However, jurisdiction and recognition of foreign proceedings will depend upon domicile, citizenship, place of marriage and present residence of parties. It is advisable to examine the marriage certificate and other documents before deciding the proper forum and procedure.
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Advocate Sreebalaji

Adv. Sreebalaji

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Answer #3
591 votes
Since both parties are Hindus and the marriage was solemnized as a Hindu marriage ceremony, the matrimonial dispute can generally be governed by the Hindu Marriage Act, 1955, even though the civil registration was done in Denmark. Registration abroad does not by itself make the marriage one under the Special Marriage Act. Jurisdiction depends on factors such as place of marriage, last matrimonial residence, present residence of parties, and citizenship/residency status. If both parties mutually agree, a mutual consent divorce petition may be filed in an Indian Family Court having proper jurisdiction, subject to maintainability. Alternatively, divorce proceedings may also be initiated in the country where either spouse is residing, but enforceability in India should be carefully considered.
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Advocate Hemalatha Narayanan

Adv. Hemalatha Narayanan

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Answer #4
681 votes
We can file a divorce petition in the place you live under Special Marriage Act. Your current residence as per Aadhar and other govt proof can act as a proof of your domicile / residence. You should have stayed in India for a minimum period of 3 years immediately before the date of filing of petition.
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Advocate Sathya Narayanan Subramanian

Adv. Sathya Narayanan Subramanian

LawRatoCoimbatore | 200+ Answers
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