Procedure to file for divorce if got married outside India


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)


237 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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341 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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182 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

272 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.

343 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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