• Hindu marriage act

I married in USA in January 2021, due to Covid we didn’t travel to India, and just did a simple court marriage with consent of both the families. After marriage we couldn’t travel to India due my husband’s 
not getting visa stamping date or some or other issue.
In 2024 I received my greencard and so my husband got one as well. For green card he got his indian passport updated showing me as his wife, but we never got our marriage formally registered in India. In oct 2024, he left our house in oregon and stopped all communication from me and my family. His parnets ar ejn USA and no other family is picking our phone calls. In December 2024 he filed for divorce in USA, we live in Oregon which is a no fault divorce state.
We have a 18month daughter, i am currently in India with my daughter and want to seek help from indian law.
Is there any way i can establish my marriage under hindu marriage act?
Asked 14 days ago in Family Law
Religion: Hindu

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8 Answers

Since you have married in USA as per that country law and didn't get your marriage registered in India, you may not be able to get any matrimonial relief back in India.

However since the child is under your care and custody, he only has to file a child custody case in US and then try to execute it in India because the child is US citizen by birth.

You may have to contest the divorce case filed by him at US. 

T Kalaiselvan
Advocate, Vellore
87918 Answers
2368 Consultations

Since your marriage was solemnised in USA Indian courts  will have no jurisdiction as the marriage is not registered in India.

Divorce would be governed by the provisions of divorce law in US.

Ajay Sethi
Advocate, Mumbai
97716 Answers
7915 Consultations

1. File a case for maintenance of yourself and the child in India.

2. You can file anti suit injunction in India also so that your husband is restrained from pursuing his divorce suit in USA any further.

3. Absence of marriage certificate does not invalidate your marriage and the same is regarded as marriage under Hindu Marriage only as long as basic Hindu rites and customs were followed. 

4. It is not clear what do you mean by ' court marriage'.

Devajyoti Barman
Advocate, Kolkata
23374 Answers
525 Consultations

Dear Client,  

While your wedding was performed in the USA and not formally registered in India, there arise complexities to have it legitimized under the Hindu Marriage Act, 1955 (HMA), as the latter shall apply to marriages performed in India under Hindu customs. Nevertheless, if your marriage meets all the statutory requirements, it may be recognized under the Foreign Marriage Act, 1969 (FMA), and hence you may prefer to have it registered either under FMA or Special Marriage Act, 1954 (SMA). Now, concerning the divorce proceedings pending in Oregon, India would not automatically recognize a foreign divorce decree unless it is passed on a valid ground provided under Indian laws, hence you may challenge its validity in India. Also, you may prefer child custody under the Guardians and Wards Act, 1890, and Section 26 of HMA, and seek maintenance under Section 125 of CrPC or Section 24 and 25 of HMA for yourself and your daughter. If he abandoned you without any support, then you might also consider sending a legal notice or filing for desertion, domestic violence, or financial abandonment. This is a serious issue, and thus an Indian family law expert is recommended to resolve the subsequent proceedings in court.  

Hope this helps. Feel free to reach out for further clarification. 

Anik Miu
Advocate, Bangalore
10455 Answers
121 Consultations

Whan woman and man living together like wife and husband for a certain duration, in your case nearly four years, there is presumption of valid marriage in the  absence of other disqualifications as to age and previous marital status of any to the  parties. In your case in addition to living together there is child out of wedlock. Law is not blind to realistic facts. In green admits he admits marriage with you. A ‘no fault divorce’ obtained abroad is not valid in India. All Indian law is at your disposal. You can file RCR, seek maintenance for both, restrain him from transferring assets as his daughter have share in it. You can file criminal complaint  under Protection of Women from Domestic Violence Act, 2005, BNS, 2023, Dowry Prohibition Act, you can even seek his extradition to face criminal complaints file by you. There is no need to establish your marriage, proof of marriage in U.S., living together, child out of marriage, admission on green card all irrefutable proof of valid and subsisting marriage. Go ahead and fix him.

Ravi Shinde
Advocate, Hyderabad
4523 Answers
42 Consultations

Given your situation where you married in the USA and now seek legal recognition or assistance under Indian law, there are several points to consider regarding the Hindu Marriage Act and its application:

  1. Marriage Recognition: Your marriage in the USA is recognized in India as long as it was conducted according to local laws in the USA. Since you had a court marriage in the USA with the consent of both families, it is considered valid in India.

  2. Registration of Marriage in India: Although you have not registered your marriage in India, it doesn’t invalidate your marriage under Indian law. For legal purposes in India, such as filing for divorce or custody in Indian courts, you might need to register your marriage. This can be done at the local Sub-Divisional Magistrate (SDM) office where you are currently residing or where your permanent residence in India is located.

  3. Filing for Divorce or Custody in India: As you are currently in India and especially if you plan to stay here, you can file for legal separation or custody under the Hindu Marriage Act. Since your husband initiated divorce proceedings in the USA, you can also initiate proceedings in India, but you should be aware of the potential for conflicting jurisdictions. Indian courts can assume jurisdiction especially as you and your daughter are currently residing in India.

  4. Protection and Legal Aid: If you face any issues such as abandonment or need support for yourself and your daughter, you can seek help from local legal aid services or a family lawyer who can guide you through the process of filing a case under the Hindu Marriage Act for custody, maintenance, or other relief.

  5. Documentation: Gather all relevant documents such as your marriage certificate from the USA, your husband’s passport showing you as his wife, and any communication regarding his divorce filing in the USA. These documents will be crucial in any legal proceedings in India.

  6. Next Steps: Consider consulting a family lawyer in India who can provide detailed advice and possibly represent you in court. The lawyer can also help you with the process of registering your marriage in India if necessary.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal

Shubham Goyal
Advocate, Delhi
667 Answers
3 Consultations

If you have not married under Hindu marriage act or any provision or act governed in India you can’t extend the jurisdiction in Indian court

Prashant Nayak
Advocate, Mumbai
33017 Answers
214 Consultations

Since the plaintiff withdrew the probate case in Lok Adalat in March 2024, the restoration of the same case in September 2024 will depend on the legal grounds they present. The key factors to consider are:

1. Whether the Plaintiff Can Restore the Case:

  • A case once withdrawn unconditionally in Lok Adalat is generally considered final and binding under Section 21 of the Legal Services Authorities Act, 1987. If the plaintiff voluntarily withdrew the case without seeking liberty to refile, they cannot revive the same matter.
  • However, if they withdrew due to misrepresentation, coercion, fraud, or lack of legal knowledge, they may seek restoration under Order XXIII Rule 1(3) CPC (which allows refiling if sufficient cause is shown).

2. Grounds for Rejection of Restoration:

  • If the withdrawal was unconditional, the court is likely to reject restoration.
  • If the settlement or withdrawal was recorded in Lok Adalat, it has the same effect as a decree and cannot be reopened, as per Section 21 of the Legal Services Authorities Act.
  • If the limitation period for probate applications (typically three years from knowledge of the Will) has expired, the application can be rejected under Article 137 of the Limitation Act, 1963.

3. Legal Precedents on Restoration of Withdrawn Cases:


  • Sita Ram v. Radha Bai (1968 AIR 534) – Held that once a case is withdrawn unconditionally, it cannot be revived unless specific liberty to refile was granted.

  • Krishna Beharilal v. Gulabchand (1971 AIR 1041) – If a case is withdrawn without permission to refile, it is barred from restoration.

  • State of Punjab v. Jalour Singh (2008) 2 SCC 660 – Lok Adalat awards are final and binding, and cannot be reopened like regular civil suits.

Conclusion:

If the plaintiff withdrew the case without court permission to refile, you can challenge restoration under Order XXIII Rule 1(3) CPC, Section 21 of the Legal Services Authorities Act, and Article 137 of the Limitation Act. You should oppose the restoration petition on these grounds and cite relevant case law to strengthen your defense.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
318 Answers

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