• Divorce

Hello
I am a US citizen married to an Indian citizen living in US right now. He has a green card and may be eligible for citizenship soon. We had our religious ceremony and marriage in India. However we did not register it in India. I have proof of marriage and all but do not have a marriage certificate. Can I file for divorce in an Indian court. If I file for divorce in the US I get no compensation because he has all his property in India under his parents name.
Asked 12 days ago in Family Law
Religion: Sikh

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10 Answers

You don't have to file the proposed divorce case in India for the purpose of getting share in the property that is on his name or his parents name,  because as per Indian laws you cannot claim any share in your spouse's property as a right,  at least not during his lifetime. 

Further if the marriage was solemnized in USA as per US laws, the divorce case,  without registering the marriage in India,  may not be entertained. 

T Kalaiselvan
Advocate, Vellore
74043 Answers
1197 Consultations

5.0 on 5.0

You can file for divorce in india 

 

rely upon wedding photos, invitation card to prove your marriage 

 

seek interim maintenance and alimony from husband 

 

 

Ajay Sethi
Advocate, Mumbai
83948 Answers
5461 Consultations

5.0 on 5.0

As per your query, it could be undewrstand that Your marriage is not valid or recognised under Indian law. 

If a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published within the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

Indian courts should base their decisions not only on the question of domicile, but also on the basis of habitual residence and nationality.

In India, a wife has the right to claim maintenance for her livelihood equivalent to husband’s lifestyle. A married woman gets a right on her husband’s property only after his death. A woman’s husband’s ancestral property, which he is expected to inherit in the future, remains out of the settlement, and so does his self-acquired property. It is only in the case of a joint property that a woman could claim at the time of divorce.

If a property is purchased and paid for by one person and the title is held by another, the person in whose name the property is held will be deemed to be its legal owner. Before we proceed further, it is important to note that this law accepts the property on which his/her name is registered. Contributions made during the purchase of any other party, cash or in-kind, are not recognized, legally speaking, unless you have sufficient evidence to prove otherwise.

There are two different types of property for the purposes of divorce. The property that the couple purchased during marriage is called “marital property”. Property that you had before marriage or was just a gift to you from someone other than your spouse is called a “separate property”. Marital property can be divided between two spouses.

Separate property is an asset that is owned by premarital spouses. Any inheritance a spouse receives, even during marriage, is separate property. So are personal gifts (unless they came from another spouse or partner) and payments for personal injuries. When the court grants a divorce, the property will be divided equitably (not always equally) between the two spouses. This is decided under Equitable Distribution Law. During the divorce, both spouses have to tell the court about their income and any debts they owe.

So think which court and laws are suitable / beneficial  in your case 

Ajay N S
Advocate, Ernakulam
3930 Answers
83 Consultations

5.0 on 5.0

- Since your marriage was solemnized as per religious customs , then you can file your divorce petition in India and also in US .

- However, a foreign decree passed on the ground of mutual divorce and contested divorce is valid in INDIA.

- Further, legally you cannot claim any right over the property of your husband and in-laws during his life time., but you can claim maintenance /alimony and residential right from your husband. 

Mohammed Shahzad
Advocate, Delhi
7909 Answers
84 Consultations

5.0 on 5.0

Dear Ma'am/ Sir,

1. The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal.

2. Since your marriage was solemnized in India, you can dissolve the marriage by filing a divorce petition in the family court in India. 

Thank You.

Anik Miu
Advocate, Bangalore
2425 Answers
26 Consultations

4.9 on 5.0

in my view if your husband is also in the US and you file a divorce petition in a Court in India then it will be taken as an abuse of the process of the law

 

Yusuf Rampurawala
Advocate, Mumbai
6397 Answers
54 Consultations

5.0 on 5.0

Yes you can file divorce in India and get the marriage registered If court directs.If you need any further assistance then you can approach me through kaanoon or LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24144 Answers
51 Consultations

4.4 on 5.0

If you want divorce and alimony can file case in India. And get the marriage certificate from Indian marriage officer's.

Ganesh Kadam
Advocate, Pune
12185 Answers
150 Consultations

4.9 on 5.0

Formal registration of marriage is not mandatory in India. Proof of marriage would suffice. You can file for divorce in Indian courts.

Siddharth Jain
Advocate, New Delhi
5750 Answers
82 Consultations

5.0 on 5.0

1. You have solemnised your marriage in India by following the Sikh religious rites and customs for which you shall be considered as married in India as per Hindu Marriage Act even if you have not registered your said marriage.

 

2. You shall have to file a divorce suit in India.

 

3. If you get the decree of divorce in USA, it will not be considered as valid in India unless you get it validated in India by filing an application before the appropriate District Judge in India for the said purpose.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

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