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Procedure of divorce if foreign girl married hindu boy under Hindu law


18-Jul-2023 (In Divorce Law)
Hi, i m Hungarian girl, married with Indian boy . we got married under Hindu marriage act, after i adopted Hinduism as my religion. we also registered our marriage. currently i m staying on X Visa. now we are seeking for divorce, what is the first step? and what is the process? may be it is important fact, that in my country our marriage is not registered yet. plz help
Answers (5)

Answer #1
609 votes
You can file a petition for divorce under section 13 of the hindu marriage act before family judge in whoes jurisdiction where both parties resided together or where the respondent resides. It is not matterial whether marriage was registered in your country are not. Evidence regarding solemnization of marriage is sufficient.
Answer #2
747 votes
For a marriage to be valid as per Hindu Rituals both the spouses must be Hindus at the time of marriage as per section 5 of the Hindu Marriage Act. And, as you have mentioned it yourself that you converted to Hinduism after your marriage, therefore the said marriage is null and void. But if you had converted into hinduism before marriage the marriage would be valid and you can file for divorce under the Hindu Marriage Act and take specific plea that you had converted to Hinduism before marriage.
Regards.
Answer #3
758 votes
When you are married to an Indian boy under Indian laws then your marriage falls within the jurisdiction of India and you can get divorce under the provisions of Indian law. If you both agree for Divorce then you can approach the concern local Family court. Apply for Divorce under mutual consent of the Hindu marriage Act. It takes about six months to get the decree of Divorce. Better consult a lawyer and discuss your case.
Answer #4
729 votes
If you have officially adopted Hinduism as a religion, then you do not need to convert. All you need to do is to apply for divorce under the normal provisions of the Hindu Marriage Act. It should not be a problem if your marriage is not registered.
Answer #5
900 votes
Dear client, if both parties is agreed to mutual consent for divorce you can file Hindu marriage act under section 13- B and competent court will be given period of six months for amicably procedure after that court shall be passed divorce decree o.k. (2) if both parties in between temperamental difference and any reason of disc rib by Hindu marriage act clause then matter will be different ?

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