• Marriage

If a person in India aged 31 wants to marry a divorce Thai national age 31 having one daughter,one son what is the law .l want to know the consequences if marriage goes wrong
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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18 Answers

You can marry under provisions of special marriage act 

 

2) in event you don’t get along you can divorce your husband under provisions of special marriage act 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

See you both can marry and register your marriage under the Special marriage act. The divorce decree of wife need to be furnished before the registrar on registration of the marriage. Further if the marriage goes wrong you need to seek divorce from your wife. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There is no draw back in a living in relationship with a thai divorce women.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

An adult person without having a marriage subsisting can marry a girl from any religion and nationality.

So in this case also he can marry that girl as well and register the marriage under Special Marriage Act.

Having a live in relationship with a adult person is no crime irrespective of her citizenship. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

In event you leave that lady she can file DV case against you seek maintenance , alternative accommodation, compensation for mental torture undergone by her 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If you want to marry a divorcee of anothet national then get your martiage registered at Marriage Registrar. 

There are no drawbacks of having a live-in relationship  with  her. 

 

Regds,

Adv. Payal 

Payal Arora
Advocate, Pune
379 Answers
18 Consultations

4.5 on 5.0

Sir,   You can marry any one of your choice.Because you are a major person. No one can interfere with your decision. Your marriage will fall under the Special Marriage Act. The Supreme Court specfically prounced a judgment that persons  involved in the co living relationship  are presumed to be husband and wife.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

Your marriage to a thai shall be covered under the Special Marriage Act

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

A Marriage may be performed as per the special marriage act. The laws of India shall apply. The divorce can be obtained as oer the special marriage act.

Live in relationship is different but the court has elevated the status of the live in relationship to the level of marriage.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

She can claim maintenance even if she is in a live in relationship with you in case the live in last a very long time.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can marry her under special marriage Act.  You can also be in live I n relationship with her.  If you require detail knowledge about live in relationship you can call me through kaanoon. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear sir

You can go for marriage with anyone in the world under special marriage act by Indian law or marriage act of Thailand. 

And if marriage goes wrong then divorce will be the consequence of that. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

NO issue in both situation.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You can marry. there is no legal impediment in the same 

 

You may get married as per your personal laws 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

There are no drawbacks of a live in relation. Just that the wife will not be able to claim her rights as the wife 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

This is a marriage between an Indian and a foreign national.

Hence he may have to register his marriage under the provisions of Special marriage Act

He can follow the procedures meant for it to make his marriage with her a legally valid marriage. 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

It's not an offence to cohabit with her in love in relationship.

However if she claims that you promised to marry her then you may have to look for grounds to defend yourself. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear sir,

You should be able to use the special marriage act to get married in India. 

It would appear that you will need to be resident in India for at least 30 days, and then give a 30 day notice regarding the marriage. Once the notice period has expired, you can get married under the act. The marriage certificates will most likely have to be apostilled to be recognized by Thailand.

Staying longer after registering a marriage is doable, based on your marriage certificate. In that case you would have to convert her permit to live in India.

However, since you want her to stay longer than the 30 days her visa allows, before registering a marriage, then you will need a visa that allows a longer stay. Maybe a longer tourist visa (or even a student visa like you suggest) would solve this problem.

she does not have to surrender her passport or citizenship after marriage. In fact, she will not become an Indian citizen after marriage automatically. The only situation in which she can become an Indian citizen is if she lives in India for a considerably long amount of time.

After marriage, she retains her nationality and passport. If you decide to live in India, she will have to get a residence permit to live in India. After one year of marriage she will be eligible for a PIO card.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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