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Married to south African in south Africa wants divorce
21-Jun-2023 (In Divorce Law)
I was married to a foreigner wife in south africa under south africa law ..but due to our mutual. Understanding we decided To go our own way i came back to india and she said she will do all rhe formalty but she said i CSN also get divorce in my own coutry just want to know if its possible and if yes how and how much time it will take ? Because i want to marry again this coming august ?? And she said in her coutry it will take 3 month. How to get divorced and married soon?
If your marriage was subsequently in accordance to the provisions of section 24 of Foreign marriages Act which reads as given below: 24.Certification of documents of marriages solemnized in accordance with local law in a foreign country.- (1) Where ---- (a) a marriage is solemnized in any foreign country specified in this behalf by the Central Government, by notification in the Official Gazette, in accordance with the law of that country between parities of whom one at least is a citizen of India ; and (b) a party to the marriage who is such citizen produces to a Marriages Officer in the country in which the marriage was solemnized ---- (i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be true copy that entry; (2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be admitted in evidence in any proceedings if it were a certificate duly issued by the appropriate authority of that country. Thus, if your marriage was registered under the above provisions or under the provisions of Special marriages act in India, you are eligible to apply for dissolution of your marriage by a decree of divorce in India under the said provisions of law based on the grounds available with you as per the governing matrimonial law of India. Getting divorce in India will be difficult because of slow court system, and possibly need of your spouse to be present at the divorce.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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