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Procedure to file for divorce if got married outside India


17-Feb-2023 (In Divorce Law)
Me and my husband both are Indian citizens. He is on H1 b visa in US. We got married in Canada in October 2016. Is it feasible to file a divorce in India????
Answers (5)

Answer #1
981 votes
Yes as per indian law you can file your divorce case in india and contest here only, but for that you need to tell all the facts and circumstances to obtain decree kf divorce from concerned court od law
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Advocate Manoj Kumar

Adv. Manoj Kumar

LawRato Delhi | 5+ Answers
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Answer #2
643 votes
Yes, If either of you are presently staying in India, you may file divorce petition here. If your are Hindu then section 19 of Hindu Marriage Act applies which says "Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together." There are similar provisions for persons of other religion as well.
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Advocate Pankaj Kumar

Adv. Pankaj Kumar

LawRatoDelhi | 5+ Answers
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Answer #3
711 votes
Yes u can file in India, provided u r currently staying in India, but if u r coming only to India for filing divorce petition than not possible, as per territorial jurisdiction if u currently living in India u can file it here
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Advocate Nazim Uddin Ahmed

Adv. Nazim Uddin Ahmed

LawRatoDelhi | 25+ Answers
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Answer #4
927 votes
you can file the divorce petition in India under the relevant section of Hindu Marriage Act But you have not mentioned that whether you are residing in Canada or not. As this will decide the status of filing the divorce petition in India.
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Answer #5
969 votes
Hi, Regarding your query. You need to specify the exact location where you are residing as that will determine the jurisdiction of the Court to file the case. If you are residing in Toronto , Canada I can put your through to well established colleagues who are handling matters of similar nature in that jurisdiction. However if you are in Delhi, I would need a few more details to provide you with a proper structure. But yes, if you are in Delhi you can proceed to file the case over here.
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Advocate Anuj Nair

Adv. Anuj Nair

LawRatoDelhi | 100+ Answers
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