Marriage solemnized in india as per the laws of the land can be dissolved in india.

As the marriage has been solemnized as per the foreign laws, the marriage has to be dissolved as per the laws of the foreign country.

Hi,

However the marriage is not registered in India, yet the case can filed provided the part of cause of action arises in India. It appears that no part of cause of action arises in India in present case.

Hello,

Your marriage has not been conducted under the Special marriage act and therefore can not be dissolved under the same.

the marriage was conducted as per the Hindu Rites or rituals or not?

Also, registration of marriage is not necessary for divorce in India, If you two are ready for mutual consent divorce then the same can be filed in India.

Regards

1)if your marriage is registered with Indian embassy under provisions of foreign marriage act you can file for divorce in India

2) in such case you can file for divorce on grounds of cruelty

1) As you both are staying in Singapore as of now and marriage was soleminzed as per Singapore Act, to get divorce in India one of the party should be in India or your marriage should soleminzed as per Indian Law, Hindu Marriage Act or Special Marriage Act etc. Neither this is happening in your case. Besides this you have not mentioned your citizenship Indian or NRI.

Both the parties are ready for the divorce?

Regards

Your citizenship is Indian, If we assume than when ever you land in India that time you can file divorce case from India.

if your marriage is registered under provisions of foreign marriage act it would be valid in india

2) if it is not registered with Indian embassy you have to file for divorce as per Singapore laws

wait for expiry of 3 years then file for divorce as there is no case of DV , cheating etc

You cannot apply for a divorce in India. That's because your marriage is neither covered under the Hindu Marriage Act nor under the Special Marriage Act.

You are advised to apply for a divorce in Singapore under the laws which govern your marriage.

Hi,

The case can be filed anywhere where the cause of action arises and the law of the land permits. For example, in Singapore the case can't be filed within 03 years while in India the time is only one year.

You need to register your marriage under foreign marriage Act or special marriage Act to come under its purview. The jurisdiction in your case is not in India in any way. You have not stayed in India after marriage. Your marriage is not registered in India under any provisions of law. If you can cite any fact which substantiate your contention that India is having the jurisdiction you can file divorce in India.

You need to follow the procedures as per the Indian law both of you are Indian the divorce decree from Indian Court will be valid everywhere ,for filing a divorce petition in India , the cooling period requirement is 1 years after that a petition for divorce may be submitted in the concerned family court.

Hi, taking of divorce in India is more difficult and have less probability then as compared to Singapore law.. The law is more stringent in India when it comes to familiy matters .. It is unfortunate but true .

1. If both of you are Indian Citizen then it would have been appropriate for you to get your marriage registered as per Special Marriage Act before the appropriate officer of the Indian Consulate.

2. However, you can file a divorce suit in India claiming that you also had also solemnised your marriage at your home by following Hindu Customs and rites in presence of very limited invitees.

3. No foreign decree or act based on Foreign Act is considered as valid in India unless otherwise proved and conducted following customs accepted by Indian Law.

4. Your marriage does not fall under Special Marriage Act or Foreign Marriage Act. but under the Women’s Charter Act of 1961. Singapore for which you are supposed to avail decree of divorce as per the said Act.

5. So, you shall have to some how establish that you also had married by following Hindu customs and rites so that you can file your divorce suit in India based on Hindu Marriage Act.

1. As informed in my earlier post, the marriage registered by you as per the act of Singapore is not valid in India.

2. You can get the decree of divorce in India by filing a divorce suit on acceptable ground like cruelty wherein you shall have to claim that you also had solemnised your marriage at your home by following Hindu customs and rites which, though not registered as per Hindu Marriage Act, falls under the said Act.

3. If both of you agree then you can jointly file a mutual consent divorce petition in India after one year of your marriage wherein both of you shall have to state that you are staying separately for one year and in that case, the petition will be disposed of with in 6 & 1/2 months from the date of its filing.

1.You shall have to bring your marriage under the jurisdiction of Hindu Marriage Act for praying for the decree of divorce based on the said HMA for which you shall have to state that you both have married at your home by following the Hindu customs and rites.

2. You can not marry as per the Act of one country and take divorce as per the Act of another Country bypassing the stipulation/limitation prescribed for taking divorce as per the Act based on which you had married.

3. So, you shall have to show your marriage as per Hindu Customs to ensure that HMA can have applicability/jurisdiction to deal with your divorce suit.

4. If both of you agree, it will be prudent on your part to jointly file a mutual consent divorce petition as per HMA in India as advised in my earlier post.

There is no provision for divorce of the marriage solemnised and registered in a foreign country.

If the was at least registered in India under special marriage act, then you can file a contested divorce without which there is no chance for that.

Many thanks for your reply. In that case would my marriage be even considered valid in India? If yes under what Act. I am only on temporary pass in Singapore. Tomorrow if i return back to India or go to any other foreign country both the parties can never get a divorce. Is my comprehension of your answer correct?

Since your marriage was solemnised and registered in Singapore, the divorce laws of Singapore will be applicable.

You can apply for the same as and when you become eligible for that in Singapore.

The marriage was not performed as per Hindu rites or rituals. It was going to take place but was called off by the bride's family.

You cannot get divorce in India as per Indian laws under the given situation.

if marriage is registered under foreign marriage act you can file for divorce by mutual consent after staying separate for period of one year

2) contested divorce cases take 5 years to be disposed of . you can file for divorce after expiry of one year if marriage

3) wife is not entitled to 50 per cent of your FD

4) for divorce on grounds of cruelty you have to prove allegations made in divorce petition

1. For that you first have to register your marriage under foreign marriage act or special marriage act in India.

2. For filing a contested divorce or mutual consent divorce, it should be one year from the date of registration of marriage under special marriage act in India.

3. The time taken for disposal of divorce case cannot be predicted owing to various facts involved in it.

4. The concept or fact is that your marriage has not been solemnised in India nor it has been registered in India, hence you cannot file a divorce case in India without either of it.

5. The grant of alimony depends on how she proves your income and how you defend the same

Hi,

You are correct in assuming validity of marriage. The contested cases takes time. The ground stated may not be considered right by the court.

1 year separation. No fixed period of deciding contesting divorce. You need to establish grounds of cruelty. You need to provide ailmony if court directs. If you have mutual divorce you can have your own agreement in terms and get Divorce from Court.

1. No the understanding is not correct

2. If the marriage has been conducted as per the Hindu Marriage Act then you can file the divorce under the Hindu Marriage Act. Separation period is not required in contested divorce,

3. Contested divorce will take 1.5-2 years

4. Yes this can be one of the ground

5. I do not think so that you will have to pay very heavy alimony.

Regards

1) Yes your understanding may be correct, only it will be confirmed when you will come India and file for divorce.

2) For Mutual Consent Divorce after 1 year its cooling period timing us 6 -18 months in the period your mutual divorce may take place. And for judicial separation it depends upon court proceedings how many divorce cases are pending in that particular court.

3) within one to five round it may get settled in consent divorce.

4) Subject can be anything to file divorce in husband wife issue

5) Alimony is granted on the net income and not on fixed deposits and secondly you don't mention regarding this if she mentioned its than you have to answer.

1. You had mentioned in your earlier query "we only made got the marriage certificate attested in Indian embassy". So, it was the act of attestation only of your marriage certificate obtained as per the Act of the foreign country but is not certainly it can not be considered as a certificate of marriage obtained as per foreign marriage Act. So, as per my understanding, you can not file any petition for MCD or contested divorce since for filing divorce suit/MCD petition, you shall have to submit evidence of marriage as per any of the Acts in force in India.

2. For filing contested divorce suit in India you need not stay separated at all. You can stay in the same room and can still file the divorce suit.

3. Disposal of divorce suit will depend on how it will be contested. ordinarily it takes 2 to 4 years for the suit to be disposed of.

4. Divorce suit can be filed on acceptable grounds like cruelty. the stated incidence can not be exactly called as an act of cruelty for seeking the decree of divorce.

5. As per Indian Acts, wife has no right on her husband's immovable of movable properties, including FDs. Wife can claim maintenance only if she is not employed or not highly/professionally qualified to earn for maintaining herself. So, if she is employed, you won't have to pay any maintenance to her. However, she can claim compensation for harassing or torturing her, if the same can be proved by her with evidence. However, if her gross income is less that 1/3rd of your net income, then the Court may direct you to pay the balance amount towards her maintenance.

Dear Sir,

You may take divorce under the Special Marriage Act its applicability is as follows

18.Matrimonial relief to be under special marriage Act, 1954.-

(1) Subject to the other provisions contained in this section, the provisions of chapter IV, V, VI and VII of the Special Marriage Act, 1954 (43 of 1954), shall apply in relation to marriages solemnized under this Act and to try other marriage solemnized in a foreign country between the parties of whom one at lease is a citizen of India as they apply in relation to marriages solemnized under that Act.

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Foreign Marriage Act, 1969

4.Conditions relating to solemnization of foreign countries.-

A marriage between the parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a Foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely :---

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty-one years and be bride the age of eighteen years at the time of the marriage, and

(d) the parties are not within the degree of prohibited of relationship :

Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

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Foreign Marriage Act, 1969

17.Registration of foreign marriages.-

(1) Where ---

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parities of whom one at least was a citizen of India; and

(b) a party to the marriages informs the Marriage Officers writing that he or she desires the marriages to be registered the Marriage Officer may, upon payment of the prescribed fee register the marriage.

Whenever a false complaint is filed against your parents, immediately move to the HC for getting the FIR quashed on the ground that the same has been filed vexatiously for malafide reasons.

Regards

You can show this prima facie evidence and secure Anticipatory bail for your family. Once you do that the arrest part will vanish and she will have no option to proceed with the routine course of case.

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if wife files false FIR apply for and obtain AB from sessions court

2)wait for police investigations to be completed and charge sheet filed

3) then based on legal advice apply for quashing in HC

1. Having names in the marriage certificate as witnesses do not absolve your parents from the allegation of harassing your wife for dowry for which she has might lodge a police complaint u/s498A of IPC. Filing DV case is not will not attract arrest for which you won't have to worry.

2. Since there has been wide misuse of this section 498A of the IPC by Metro Women, the Supreme Court has directed the police all over the Country excepting J & K, not to make arrest of the accused without conducting investigation based on the said complaint.

3. So, the earlier nightmare for the husbands' and their family members have gone.

4. She shall have to prove with evidence what she has alleged against you, if she files 498A complaint, failing which you can counter lodge a police complaint against her u/s211 of IPC for lodging false complaint against you for causing damage to you.

5. First of all develop good rapport with the IO of the police station where your wife lodges her complaint, if any and ensure that he submits final report and not charge sheet or does not register FIR at all.

6. Co-operate with the IO if 498A complaint is lodged by your wife and FIR is registered by the police.at

The scenario has changed in India too and there is no direct and automatic arrest in 498a cases anymore.

The Supreme Court off lately has taken a very stern view against disgruntled wives.

At anytime your wife files a false complaint against you, you will have ample of opportunity to defend yourself.

Since your marriage has not been performed in India and also she may not have lived in India with your parents, you may take defence on that ground when the matter comes up for trial for the case you apprehend her to file against them for the dowry demand harassment offences.

Let them first get enlarged on anticipatory bail and then they can challenge the same on merits.

Second marriage during subsistence of earlier marriage is illegal

2) you cannot remarry without divorce even if married is not registered

3) if you come to know of wife remarriage you can file case of bigamy against her under section 494 of IPC

1. You two are married as per the law prevailing at Singapore for which she can not remarry without taking divorce from you. In the said event, she will be charged u/s494 of IPC and adultery charge can be brought against her 2nd husband.

2. The marriage has taken place at Singapore which you can not deny. If you remarry in India without taking divorce, you shall be charged u/s494 of IPC for committing the act of bigamy.

3. If you can gather evidence that your wife has remarried in India without taking divorce from you, then you can lodge a police complaint against her bringing the charge of bigamy for which she might be imprisoned for 7 years.

1. The subsequent marriage during the subsistence of marriage is null and void and it can even be treated as an offence under bigamy laws.

2. Suppressing the previous marriage, she may contract another marriage, however it is an offence if it is revealed and the subsequent marriage shall be null and void.

3. Yes, it is punishable under section 494 IPC for bigamy.

1) your marriage has been solemnised and registered abroad and it would be governed by Singapore laws

2) in order to confer jurisdiction to Indian court marriage can be registered with Indian embassy under provisions of foreign marriage act

3) it would not be governed by provisions of HMA

1. Actually you had married at Singapore as per the Act prevailing at Singapore.

2. You shall have to arrange for some evidence to establish that you two had married following Hindu customs like exchange of garland, putting 'Sindur' on the forehead etc.

3. The above is suggested in absence of any other concrete evidence of your getting married as per Hindu customs.

4. Stronger the evidence of the marriage as per Hindu customs you can submit, the greater will be the chance to win the divorce suit.

5. You are right in questioning that if you leave Singapore for good, will you not be able to get a decree of divorce?

6. Yours is a unique case in the given circumstances and for that you can try to get the decree of divorce on the ground of her cruelty on you after establishing that you and married by following Hindu customs and rituals at your home and thereafter got the marriage registered as per the Act of Singapore and the said marriage certificate issued by the Singaporean Authority has been attested by the local Indian Consulate.

If this marriage was not registered under special marriage act then you may initiate steps for tha in India. But the formalities for that is that both have to be present for registration before the Marriage registrar/officer.If you are in Singapore, then you can register it in the Indian embassy/high commission at Singapore itself by observing necessary formalities in this regard.

If you have evidence for Hindu marriage rituals, then with that you can register the marriage under Hindu marriage act itself through the Indian Embassy of that country.

You may consult with the officials of that high commission in Singapore about the feasibility of this.

You can't bring the marriage under special marriage Act or Foreign marriage Act as Registration of same under it is necessary. You need to bring it under Hindu marriage Act by producing photographs and 2 witnesses who attended the same and get it Registered.