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Author Topic: Marriage registration USA and premarriage  (Read 836 times)

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Offline srilakkiz

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Marriage registration USA and premarriage
« on: August 17, 2015, 08:14:44 AM »
I'm US Citizen, and my wife is an Indian citizen, we had an arranged marriage. In aug 2013 we had an engagement event and a pre-marriage ceremony in front of her relatives and mine, at the time of both families meeting before accepting the marriage alliance, my wife and her family knew the differences btw fiance visa and spouse visa, and agreed that i sponsor fiance visa which is quicker (3-6months) before she can enter USA compared to spouse (6mnths to 1yr) for her arrival.

She got her fiance visa approved in Nov 2013, and I visited India in dec2013 to bring her to USA with me, and we got married in USA Jan 2014 and has a marriage registration.

But we did not go for marriage registration in india. but she left to india in Feb 2014

Now, because things are not working out btw us, my father-in-law filed a divorce at family court providing our wedding card, wedding photos from india as proof to file for divorce in India. as a US Citizen, does it apply to me? I'm already in process of filing divorce in USA as we got married here and she came to USA on fiance visa. but do i have to reply to family court in India for her divorce filing against me? does that proof valid sayin Hindu marriage act?

Offline advlaxmanadvani

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Re: Marriage registration USA and premarriage
« Reply #1 on: August 17, 2015, 07:47:30 PM »
How can you have wedding photos in India if the wedding has taken place in America.

You submit to the Indian court the marriage registration certificate of USA stating that the Indian court is not authorized to validate an American marriage certificate, hence the divorce can only be filed in America.

But how does it make a difference for you when you both want divorce?

Advocate laxman Advani
 Ahmedabad legal Practitioner

Offline adv.amarnath

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Re: Marriage registration USA and premarriage
« Reply #2 on: August 29, 2015, 01:28:10 PM »
In India marriage can be prove by photo evidence which is absolutely admissible under Section 65A of Evidence Act. But as the marriage is being performed in USA, therefore, the divorce should be taken from USA. India court has no jurisdiction. Mere engagement is not at all a valid marriage as per Matrimonial Law of India.

But as your father-in-law has initiated a Divorce petition before family court in this regard you have to appear before the same family court as have to disclose all the facts about your marriage by a written statement supported by an affidavit. As I see or guess, you wife may misguide the court to get divorce or she has been misguided by a person who has gave them suggestion.

Do you possess dual citizenship status as India does not approve of dual citizenship. If you cease to be citizen of India and your marriage had performed at USA and has not yet been registered then no court has jurisdiction to pass an order of divorce until you contest it. I reiterate that your wife may would misguide the family court.

For further clarification and suggestion you can contact me

Amarnath Sanyal
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Mob - 09830303322


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