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Mutual consent Divorce in Germany
07-Sep-2023 (In Divorce Law)
Me and my wife (both Indian at that time) got married in India as per Hindu act in 2016 in Srikakulam. I now have German citizenship and wife is still Indian and have no child. We lived in Germany and worked till May 2021 till we decided to split. My wife moved back to India and I am still in Germany working. I want to apply divorce in Germany and My lawyer in Germany said we don't need a reason to apply for divorce in Germany.
As I read lot of articles for divorces outside India but do appreciate if you could answer couple of questions.
1. As I understand Indian law accepts divorces outside of country if divorce process is as per Indian Law, so is providing no reason for divorce in Germany is also acceptable in India Law?
2. Financial Settlement in Germany : is separate from divorce process. Though We we earned equally, I have taken care of all the living expense and i am fine if she keeps her savings. But do I need to still take in account as per Indian Law to be safe?
In this case, A mutual consent divorce has been taken by you in Germany. It is perfectly valid in India. You should apply for execution of the divorce decree. I have a vast practice in that area you can seek my assistance in your matter.
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Adv. Raghuraman Balaji
Chennai | 900+ Answers
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You need to get the divorce decree ratified by the Indian court. In your case it looks like you wife will contradict it. As long as there's no illegality or irregularity in getting the German divorce order then there won't be any issue.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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that was granted by the Germany Court is valid all over the world when gives up valid divorce contested divorce then your wife can raise an objection that the divorce is obtained under your back sometimes we can file to declare the German divorce as valid in India in Indian courts if your wife says that the sent to wrong address for the proceeding or behind her without her knowledge then the degree effect unless if we seek declaration for the validity of the degree circumstances you can file a case in India that your wife and his family should not disturb valid divorce degree in a Foreign Court so to touch extant you can file according not to disturb by wife and his family
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Adv. Satish Kumar
Chennai | 1000+ Answers
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Foreign judgements are acceptable in India.
financial settlement between the parties is not mandatory in India but, wife demands money or property (ies) even she can maintain herself.
coming to your matter no question of custody of children will arose since you both have no issues.
Nationality will not play any role in filing suits but, the place (s) where the cause of action arose. The courts have to entertain either in Germany (since you both both lived together lastly) or at Srikakulam (as your marriage solemanized/wife presently residing at). possibilities are there in both places. choice is yours i.e., both of you.
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Adv. Kadagala Rambabu Naidu
Srikakulam | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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