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Married in Malaysia and want to file for divorce in India


13-Dec-2023 (In Divorce Law)
Dear Sirs, I'm an Indian Christian married to a Malaysian Citizen in the Malaysian Court's Foreign Act. My spouse and I lived in India since then. I want to know if my divorce can be approved in an Indian court
Answers (2)

Answer #1
926 votes
See if the marriage took place in Malaysia, it should have been registered under Foreign Marriage Act, 1968 before Indian High Commission in Malaysia or Special Marriage Act,1954 for its validity in India. If it has been done accordingly then the divorce can be obtained under Special Marriage Act in an Indian Court.
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Advocate Samyak Raj

Adv. Samyak Raj

LawRato Delhi | 700+ Answers
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Answer #2
527 votes
The main cause of action is raised in India and since how long your are living together in India and what is your citizenship(by birth whether it has seized are still dual citizenship is continued if so and presently in India you can file for divorce if not you have to take divorce in Malaysia court, Have you lived here for ten year and can you establish through documentary evidence such as house records, corporation records,Bank pass book etc,.
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Advocate K.P. Sumangala

Adv. K.P. Sumangala

LawRatoBangalore / Bengaluru | 50+ Answers
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