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Author Topic: Legal marital status!  (Read 1149 times)

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Offline Santhosh ayalur

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Legal marital status!
« on: January 24, 2016, 12:27:57 PM »
1. I am Indian, male from Tamil Nadu.
2. I'm married a Portuguese citizen in India according to Hindu customs about 4 years ago . She is Catholic but never converted to Hinduism.

3. Neither did we give any notice of intended marriage according to Sec. 5 of the special Marriage act 1954 nor did we register our marriage anywhere else.

We are now separated mutually (not legally) and living separately for about 2 years.
1. So our first question is what is our legal Status. (married or not married)?

2. According to Sec.15 of the Special marriage act:
Registration of marriages celebrated in other forms:Any marriage celebrated...if the following conditions are fulfilled, namely:"
a. a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;

While the marriage ceremony took place we have not lived together for 2 years!  So are we considered married legally. If yes, please mention according to which section and how?

3. The real thing is, while we have decided to part ways, can we go on with our lives or should we get a divorce. If yes, considering we are living abroad in two different countries, can we file for divorce outside of India?

Hoping for a clear answer.

Thanks a lot in advance
p.s. I was a law student, so I do follow legal terms. So please mention the section you are using to give your opinions! Thank you!

Offline advuma

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Re: Legal marital status!
« Reply #1 on: January 25, 2016, 03:30:58 AM »
To obtain a divorce decree. The court has to be convinced that you both are married.

Can your situation bw sufficient to prove that both are married.
To find that out file in court for mutual divorce.

Let the court direct you.

Since your marriage is not registered and Hindu marriage act I applicable only in India.

I doubt any court outside India will be able to validate your marriage hence divorce decree will surely not be granted.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

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