Unilateral divorce petition filed by wife in Netherlands

Question

Unilateral divorce petition filed by wife in Netherlands

06-Sep-2025 (In Divorce Law)

Marriage solemnized in B'lore in 2013 (both Indian citizens) & registered under HMA. Living in the Netherlands since 5 yrs on residence permit. Wife filed a unilateral divorce petition in the Netherlands in July, 2024. Matter before Dutch court as husb doesn't want div, but reconciliation. Dutch lawyer says div unavoidable. Just saw a news article saying Gujarat HC gave judgement that foreign court cannot dissolve marriage under HMA. Can I get a stay / relief against divorce in Indian court?

Answers (3)

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Advocate Saroj H. M. LawRato · Accepted Answer · 2025-09-07T08:57:02+05:30

Answer #1

Hello sir, Kindly give further details regarding your query: 1. Are you contesting before the Dutch court? 2. What are the reasons given by the Dutch lawyer for unavoidable divorce ? 3. Have you filed any case in India ?

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Adv. Saroj H. M. Adv. Saroj H. M.

Bangalore / Bengaluru | 100+ Answers

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Advocate Bharat Narasgouda LawRato · Accepted Answer · 2025-09-07T13:50:08+05:30

Answer #2

As you are married under hindu marriage act, you will be governed the courts in India have jurisdiction, however you can file a petition for restitution of conjugal rights or domestic violence in india, even if the Dutch court passed divorce that can be challenged in india to declare it null and void.

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Adv. Bharat Narasgouda Adv. Bharat Narasgouda

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Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2025-09-08T10:52:15+05:30

Answer #3

Dear Sir, Since because the Hindu Marriage Act is unknown to Netherlands as such Divorce will be held valid only if both couple you consent for such Divorce or atleast present before that Court. You should not attend Netherland Courts and you may file immediately through your Power of Attorney in India a petition under Section 9 of HM Act seeking Restitution of Conjugal Rights.

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Adv. Kishan Dutt Kalaskar Adv. Kishan Dutt Kalaskar

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