• Foreign marriages

Hi,
 I was in UK for last 6 years and I have married to an Indian and our parents were likely to finish up our marriage but we got registered without our parents knowledge for immediate process for visa...Two years ago i found his cheating behaviour and he was in relationship with another girl and came to know he married me only for visa..Now we are seperated and i want to know whether that UK marriage is valid in India..We didnt register our marriage under foreign marriage act or special marriage act in India,..Is that still valid?...i need some advice if its valid how can i end this marriage.Every advice will be very grateful for my life
Asked 6 years ago in Family Law
Religion: Christian

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21 Answers

You need to get Divorce by filling divorce portion of mutual divorce. As even un registered marriage is as good as registered marriage when other conditions of marriage are complete

Navdeep Kalair
Advocate, Chandigarh
45 Answers
11 Consultations

4.8 on 5.0

If it has not been registered under foreign marriage act or the special marriage act then the same is not valid in India.

That is not valid and is void ab initio.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Yes, this marriage will be treated as a valid marriage in India.

To come out of this marriage, you've the option to choose between divorce and judicial separation proceedings.

Vibhanshu Srivastava
Advocate, Lucknow
9632 Answers
303 Consultations

5.0 on 5.0

Respected mam...

1. The Marriage which was solemnized and registered in any foreign country between two Indians (whether or not either of them has NRI status or not is immaterial here) can not give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act,1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act,1954 or any other Matrimonial enactment made for the registration of the marriage.

2. The family court in the foreign country where the marriage was solemnized and registered has jurisdiction to adjudicate the matrimonial dispute between the parties now.

3. Any other family court in any foreign country which recognises the marriage between the parties has jurisdiction to pursue the matter between the parties including divorce etc.

4. Indian courts do recognise the foreign marriage but what lack in instant brief is their adjudicating the matter between the parties is this legal formality of either registering the foreign marriage under the Indian enactment or getting it certified as stated in para 1 or para 2 replies based on your brief.

5. Since neither parties got their foreign marriage certified by Indian authorities in the Indian High Commission / Indian Embassy / Indian Consulate the problem to dissolve it now in India without any such Certificate having the Indian court cannot get jurisdiction to adjudicate any dispute between the parties to the marriage now.

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You may file a petition in India in the court have jurisdiction to the place where your husband lived to get the divorce validated under the special marriage act.

If the divorce is taken on the soil of the marriage it is valid

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

The Marriage which was solemnized and registered in any foreign country (whether or not either of them has NRI status or not is immaterial here) can not give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act, 1969

- in any of the foreign country before the Indian High Commission and or before the Indian Consulate Generals Office as the case is

-OR was certified under the Act in that foreign country where it was solemnized

-OR the marriage was got registered in India by the parties either under the Special Marriage Act, 1954

-OR any other Matrimonial enactment made for the registration of the marriage.

Hence, the Family Court in the foreign country where the marriage was solemnized and registered has jurisdiction to adjudicate the matrimonial dispute between the parties including divorce etc.

IF ,neither parties got their foreign marriage certified by Indian authorities in the Indian High Commission/Indian Embassy/Indian Consulate then due to lack these certificates , the Indian court cannot get jurisdiction to adjudicate any dispute between the parties to the marriage.

So, as per above laws , your marriage is not valid in India and having no jurisdiction to entertain the same.

Good Luck

Mohammed Shahzad
Advocate, Delhi
13541 Answers
201 Consultations

5.0 on 5.0

Normally it takes 6 month or so depending upon the approach from both the parties.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Respected mam..

You just need to read section 18 of foreign Marriage Act 1969 ...Your all answers are within it ...Whole procedure is mention there

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Madam if you are HIndu and marriage is solemnized under Hindu custom and rituals you can file Case for divorce from place where you are residing now. Probability of he contesting case is less. Secondly please specify where did you register it as you mentioned in third line of your question. And duration uncontested May take around 6 months contested can go upto two years...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1. The Marriage which was solemnized and registered in any foreign country Indians cannot give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act, 1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act, 1954 or any other Matrimonial enactment made for the registration of the marriage.

2. The family court in the foreign country where the marriage was solemnized and registered has jurisdiction to adjudicate the matrimonial dispute between the parties now.

3. Any other family court in any foreign country which recognises the marriage between the parties has jurisdiction to pursue the matter between the parties including divorce etc.

4. Indian courts do recognise the foreign marriage but what lack in instant brief is their adjudicating the matter between the parties is this legal formality of either registering the foreign marriage under the Indian enactment or getting it certified as stated in para 1 or para 2 replies based on your brief.

5. Since neither parties got their foreign marriage certified by Indian authorities in the Indian High Commission/Indian Embassy/Indian Consulate the problem to dissolve it now in India without any such Certificate having the Indian court cannot get jurisdiction to adjudicate any dispute between the parties to the marriage now

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1)your marriage has been solemnised abroad

2) it is not registered under provisions of Foreign marriage act in UK

3)it is not registered in India under provisions of special marriage act

4)you must file for divorce in UK only as Indian courts would not have jurisdiction for marriages being solemnised abroad

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

file for divorce in UK by mutual consent

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) If you want fast divorce than go with Mutual Consent Divorce.

2) Judicial separation will take more time, and its lengthy process due to lots of previous cases pending.

Ganesh Kadam
Advocate, Pune
12940 Answers
256 Consultations

4.9 on 5.0

If both of you are ready for divorce by way of Mutual consent divorce then either in UK or in India you may file divorce petition and get divorce.

In India it will take six months.

In UK it may be less then one month.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Apply to obtain divorce by mutual consent in India.

the whole process will take around 6 and a half moths.

Vibhanshu Srivastava
Advocate, Lucknow
9632 Answers
303 Consultations

5.0 on 5.0

1. If the parties to the marriage are Hindu and the marriage solemnized in accordance with hindu rites and customs, then the courts in india are vested with the jurisdiction to dissolve the marriage with a decree of divorce. Such marriage are governed by Hindu Marriage Act.

2. As per S.4 of the FMA 1969, a marriage may be solemnized if one of the party is a citizen of india.

3. As per S.15 of the FMA 1969, a marriage solemnized in accordance with the provision of FMA is valid and good in law.

4. As per S.18 of the Act, the divorce or restitution can be filed before the court of competent jurisdiction in india under the provisions of special marriage act.

Thus, i would be keen to know more details with respect to the marriage, current situation and other factors which would help me to offer a legal solution which can be obtained without delay and harassment.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

If the husband is residing in India or the place where you two last resided is in India then the annulment for the same can be filed in India.

Since the same is not valid in India therefore go for annulment and not divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

If you are in UK then you can file a divorce case in UK itself.

If you live in India then you can very well file a petition seeking dissolution of your marriage held in UK eventhough it is not registered in India.

The Marriage which was solemnized and registered in any foreign country between two Indians (whether or not either of them has NRI status or not is immaterial here) can not give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act, 1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act, 1954 or any other Matrimonial enactment made for the registration of the marriage.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Alright, if i want to proceed with divorce and judicial separation proceedings how long does the whole process takes?..can i proceed in india as my uk visa has been expired i cant go back to sort tis out in UK..Kindly need your advice...i need to sort this out asap is there any fastrack route to end up.. we both hae mutual consent to end this..

If he is agreeing for mutual consent divorce, you can proceed accordingly.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Dear Madam,

It is valid in India. If you face any problem. Now you can register in India and then go for mutual divorce after some time. Let us find out a solution because the Indian Courts have hearts and help the people out of law if it is beneficial for a couple to lead their independent lives. Please come to my office.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes UK marriage is valid if it's registered as per UK law. You can proceed with filing of divorce in UK court which had jurisdiction for the same.

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

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