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Solution to get married to Filipino without annulment in india
17-Feb-2026 (In Family Law)
I am in long distance relationship with Filipino from phillipines she is separated and her husband is absconding from past 5yrs and there is no law of divorce except annulment which is very expensive and it takes years I want to get married to her in india how could I go about without having an annulment
kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed
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Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
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To marry in India, she must be legally single. Since the Philippines doesn't allow divorce, an annulment or a judicial declaration of presumptive death (if he's missing) is required for a valid marriage.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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If she is legally married and no valid divorce or annulment has been granted by a competent court, she cannot remarry in India. Under Indian law, subsistence of first marriage is a legal bar, and any second marriage during lifetime of spouse will be void and may attract offence of bigamy under Section 494 IPC.
Even if her husband is absconding for 5 years, marriage does not automatically dissolve. She must obtain a valid decree of annulment or divorce from a competent court in the Philippines or any court having jurisdiction as per applicable personal law.
Only after obtaining a legally valid dissolution certificate can marriage be registered in India under the Special Marriage Act. Without this, marriage in India will not be legally valid. Consult a lawyer handling international matrimonial matters before proceeding.
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Adv. Vinod Todiwan
Navi Mumbai | 5+ Answers
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hello,, You cannot legally marry her in India unless her first marriage is legally dissolved under the law applicable to her (i.e., Philippine law). Mere separation or the husband absconding does not make her free to remarry.
Under the laws of the Philippines, divorce is generally not permitted (except for Muslims).
If she is legally married and only separated, she is still considered married.
Indian marriage laws (Special Marriage Act / Hindu Marriage Act) require that both parties must be unmarried at the time of marriage.
Even if the marriage is registered in India, it will be void/illegal, and you may face criminal consequences (bigamy-related issues).
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Adv. Asma Shaikh
Akola | 5+ Answers
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