Married in nepal. Marriage not registered in India. Still need divorce
19-Aug-2023 (In Divorce Law)
Married for 2 years. The marriage took place in Nepal. Marriage is not registered in India. Do i still need divorce to proceed ahead in life in India?
in these circumstances if your marriage is valid according to the law of Nepal than you have to take divorce from your husband but in your circumstances if you have not left indian citizenship and resident of india you can file divorce petition in indian court.
Non-registration of marriage alone does not nullify married state. If the couple have lived together with intention and purpose and meaning of marriage then they are 'married' only. If the marriage was solomnized as per rites and rituals then, even if it was not registered it is a valid marriage in the eye of law and if one wants divorce, one has to approach the court of law. Remarriage without taking divorce is illegal and the second marriage is no marriage in the eyes of law also the person may be prosecuted for bigamy. So you still need to proceed with the divorce procedure.
If you have stayed in india along wit your wife you can file a petition in india and again many things have to be seen like how the marriage was solemnised and again the million dollar question would as to how the marriage was solemnised and for how long did you stay with your spouse and besides there are many other things which are to be considered
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