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NRI Divorce in India and France
07-May-2025 (In Divorce Law)
Hello,
Me and my wife are married in Oct 2017 under Hindu Marriage Act and living in France since 2016. We have two daughters 7yrs and 3yrs respectively. I filed a HMOP petition at the Puducherry District court. If she is starting a procedure in France, which petition will take the precedence. the former or the latter?
two divorce order will be effective individually..france order is valid in france and it cannot be used in india and indian order is not valid in france.. place of marriage and registration of marriage also is important.. many more details are required to give a detailed suggestions. PRACTICAL CONSIDERATIONS:
Enforcement Challenges: Even if the Indian court claims precedence, enforcement of its orders regarding custody or maintenance may face challenges in France if your wife and children remain there.
Parallel Proceedings: Both jurisdictions may continue their respective proceedings independently, resulting in potentially conflicting judgments.
Forum Non Conveniens: The French court might argue it is the more appropriate forum given the family's established residence there.
Helpful?
Adv. V.M.Parthasarathy
Pondicherry | 25+ Answers
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