The case for divorce if filed in Singapore ion the grounds that are not legally acceptable for the marriage solemnised in India, then this divorce decree granted by Singapore court is not legally valid in India hence you don't fight the case at Singapore because the exparte decree granted in Singapore is also not recognised as legally valid divorce in India.
Divorce proceedings in Singapore
Marriage took place in Delhi. Living in Singapore after marriage. Husband has initiated divorce proceedings stating unreasonable behavior and notice for hearing date has been fixed in family court here. What are my options as marriage was under Hindu Marriage Act and rites performed in Delhi . Grounds are not even accepted under Hindu Marriage Act. Does it make send to file anti suit injunction against husband as we are both Indian citizens and married under Hindu Marriage Act and registered the marriage in Delhi. Children are in my custody But he has taken their passports. He has’nt given any money for legal fees and fees are also exorbitant here. Please give legal advise .
Asked 4 years ago in Family Law
Religion: Hindu
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9 Answers
Object to jurisdiction of Singapore courts as marriage solemnised in India and divorce can only be on grounds recognised by HMA
file petition in family court for RCR seek stay of divorce proceedings in Singapore
As both of you live in Singapore now, it is better to appear in the divorce proceedings initiated by your husband there for practical convenience. If you initiate the action in India, you have to be physically present and your husband may evade service of summons.
You shouldn't appear in the divorce proceedings in Singapore. The Singapore court has no jurisdiction to try cases of Indian citizens unless the citizens accept the jurisdiction of the foreign court.
Don't go and don't attend the proceedings. The decree so obtained by the husband is void ie has no effect.
If he refuses custody then file an fir and a domestic violence case against him in India when you come back. A case for custody should also be filed.
Dear Madam,
You may contest divorce case and claim huge alimony in your objections/written statement. Parallel to this you may file different cases like domestic violence, maintenance for yourself and for your children and get it executed. If you don’t want to give divorce then you can file a petition under Section 9 of Hindu Marriage Act for Restitution of Conjugal Rights which is as follows:
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Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]
If he has initiated in singapore object that the indian courts alone is vested with jurisdiction. File a case in india.
G.RAJAGANAPATHY
High Court of Madras
- As per law, only a mutual consent divorce and a contested divorce decree granted by foreign court is valid in India.
- If your husband has filed the divorce case in Singapore then it will have not legal validity in India, and hence no need to response for the said notice received by you in India.
- Further, you can file maintenance and other cases against him in family Court in India for seeking the maintenance and residential right etc. from your husband.
Dear Client,
You can quash the proceedings on the basis of jurisdiction as you both are Hindus and the marriage was solemnised in India. You cannot file an injunction suit for this. If you are willing to stay then you can approach for restitution of conjugal rights in Singapore courts.
Thank you
If you need relief in India need to file the same. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
