Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

Author Topic: Registration of foreign divorce  (Read 638 times)

0 Members and 1 Guest are viewing this topic.

Offline Sivani

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Registration of foreign divorce
« on: April 24, 2016, 11:21:01 AM »
Hello. I am a EU citizen, living in India with an Indian partner for 1 year and 1/2. My partner was previously married to a Brazilian citizen, their marriage being solemnized in India under the Hindu Marriage Act, as well as in Brazil, where they lived for 3 years. They have obtained a mutual consent divorce in Brazil, and they are not living together for 9 years now. However, they did not file for divorce in India, nor registered the Brazilian divorce here. Let me also mention they have a 13 yr old daughter together, and his ex wife has a PIO card.
Me and my partner wish to marry now, in India.
Given this situation, my question is: does he need to get their Brazilian divorce recognized in India first, or we can go ahead with our marriage? If he has to get it recognized, what is the legal procedure? Does it require the presence of his ex wife? How long it would take?
Thank you in advance for your time and consideration. Have a good day :)

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1097
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Registration of foreign divorce
« Reply #1 on: April 25, 2016, 07:20:31 PM »
does he need to get their Brazilian divorce recognized in India first, or we can go ahead with our marriage?
Ans: Your partner has to get divorce decree from the Indian Court which is compulsory otherwise he will face a criminal case for bigamy. Though your partner are not continuing their marital tie with his previous spouse but in the eye of law their marital tie has not been strike out by the District Judge or Family Court.

If he has to get it recognized, what is the legal procedure? Does it require the presence of his ex wife? How long it would take?
Ans He has to file a petition for decree of divorce tactfully in respect of his wife's address. Internally summons will be tough.

This much I can give you under free online advice. For further consultation in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advgaurav.sharma

  • Sr. Legal Expert
  • ****
  • Posts: 117
  • Karma: +3/-1
  • Advocate Gaurav is a specialist in Trademark laws
    • View Profile
Re: Registration of foreign divorce
« Reply #2 on: April 25, 2016, 10:37:20 PM »
He has to apply for divorce in India since he got married in India.
Has his ex wife already got married?

if you marry him and if his first wife does not drag him to court than nothing will happen.

Advocate Gaurav is a specialist in Trademark laws

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 453
  • Karma: +12/-7
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Registration of foreign divorce
« Reply #3 on: April 28, 2016, 01:43:44 AM »
Dear Sivani,

If the said Brazilian divorce was on the grounds of mutual consent then they don't have to get their divorce registered in India. Divorce taken on mutual consent is valid all over the world. You don't have to do anything else for getting married. Simply get married. You don't have to get your divorce registered in India or anything else before performance of marriage.

Please feel free to revert back in case you need any clarification.

Regards,
jai bansal
advocate, new delhi
supreme court of india
bansal.jai@gmail.com
mobile: 9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Sivani

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Registration of foreign divorce
« Reply #4 on: April 28, 2016, 11:12:38 AM »
Thank you for your prompt and thoughtful replies☺! Yes, the divorce was in mutual consent. She has not remarried, but it is unlikely that she would file a case against him. There had practically been 2 marriages between them- one in India and one in Brazil only a few months afterwards, as at that time it was more tedious to register their Indian marriage in Brazil, than to marry there, for his residence permit. This is why i thought maybe they need to legally dissolve both the marriages...  Although, in the spirit of the law, it should not be necessary. Thank you again for your good counsel :) i will post here our decision
« Last Edit: April 28, 2016, 11:20:49 AM by Sivani »

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 453
  • Karma: +12/-7
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Registration of foreign divorce
« Reply #5 on: April 29, 2016, 01:46:57 AM »
Thank you

Regards,
jai bansal
advocate, new delhi
supreme court of india
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

  • Veteran at Law
  • *****
  • Posts: 279
  • Karma: +15/-19
  • Welcome to Legal Win Consulting LLP
    • View Profile
    • Legal Win Consulting LLP
Re: Registration of foreign divorce
« Reply #6 on: April 29, 2016, 09:56:46 AM »
Hi,
If it is a mutual consent divorce no need for Indian courts in India to ratify the same again.
He can submit the mutual  consent divorce decree at the sub-registrar office at the time of filing notice of marriage and if he so wishes can also send the same to his first wife. If there are no objections within 30 days both of you can go ahead with the marriage and registration of the same.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India