Your fiancée can file petition Under Section 34 of the Specific Relief Act, 1963 and Section 13 of the Code of Civil Procedure (CPC), to formally declare her marital status as "single" based on the foreign decree. 

2) Because her Hong Kong divorce was obtained through a "special procedure via mutual consent," it meets the strict requirements set by the Supreme Court of India (Y. Narasimha Rao v. Y. Venkata Lakshmi). Indian courts strongly recognize foreign divorces where both parties voluntarily participated and agreed to the split.

Once an Civil Court in India reviews her mutual-consent Hong Kong divorce and stamps it as valid in India, she is universally recognized as single by all Indian Government departments (both the Marriage Registrar and the Visa Immigration Officers

You can engage my services for drafting the legal proceedings  but since you are located in Tamil Nadu you need to engage local lawyer for filing it 

You need to supply the divorce decree certified copies to registrar of marriages in India. 

1. Recognition of foreign divorce decree

A foreign divorce decree may be recognised in India subject to Section 13 of the Code of Civil Procedure, 1908. Indian authorities may examine whether the decree was passed by a competent court, whether both parties participated voluntarily, and whether the decree is not opposed to Indian law or natural justice. A detailed legal review of the Hong Kong decree and supporting documents is necessary before any definitive opinion can be given.

2. Marriage in India without CENOMAR

For marriage registration in India, the local Marriage Officer or Registrar may require proof of marital status, depending on the applicable law and the State's procedural requirements. A Hong Kong divorce decree alone may or may not satisfy the authority. Before proceeding, obtain written clarification from the concerned Marriage Registrar and ensure all documents are properly authenticated and, if required, apostilled.

3. Can I marry her without legal issues?

No lawyer can guarantee the absence of legal issues. The legality of the proposed marriage depends upon whether your fiancée is legally regarded as divorced under the applicable law and whether the Marriage Officer accepts the documentary proof. It is advisable to obtain a formal legal opinion and complete verification of the foreign decree before solemnising the marriage.

4. Marriage registration and X-1 spouse visa

Marriage registration and grant of an X-1 visa are separate matters. Even if a marriage is registered, immigration authorities may independently scrutinise the marital status and supporting documents. Acceptance of the Hong Kong divorce decree by visa authorities will depend on the facts, documentation, and prevailing regulations at the time of application. Proper legal documentation is therefore essential.

5. Can you be my lawyer and file the petition?

I can act as an advocate, represent parties before courts, sign pleadings, or file petitions, till you pay legal fees. And, I will need to engage a local practising advocate in your area enrolled with the appropriate State Bar Council. Further, I can help you understand the legal issues, prepare drafts, review documents, and identify the relevant legal provisions before your appearance in Court.

6. What is the probability of a favourable outcome?

The probability of success cannot be assessed accurately without examining the Hong Kong divorce decree, pleadings, jurisdictional basis, participation of both spouses, applicable Filipino law, and the requirements of the Indian authority involved. If the decree was obtained through a competent court with genuine mutual consent and proper procedure, the prospects may be better, but the outcome ultimately depends on the specific facts and evidence.

Getting married in India under these circumstances requires careful preparation. Indian law generally respects mutual-consent foreign divorces, but the process of officially establishing your girlfriend’s single status to the Indian marriage registrar can be intricate especially since the Philippines does not recognize divorce. To marry a foreign national in India, you will most likely register under the Special Marriage Act, 1954.The Marriage Officer is legally required to verify that both parties are single. Normally, a foreigner provides a CENOMAR (Certificate of No Marriage Record) or a "Certificate of Legal Capacity to Marry" from their home embassy.

Since your girlfriend is a  Filipino citizen, married  to a Filipino citizen and divorced  by a court in Hong Kong, Indian authorities will usually examine whether the Hong Kong court had jurisdiction and whether the divorce is valid under the law applicable to the spouses. Indian marriage laws do not specifically require a CENOMAR. However, for a foreign national marrying in India, the Marriage Officer commonly requires proof of 

Identity and nationality (passport);

Current marital status;

Divorce decree if previously married;

Sometimes a "single status certificate" or "certificate of legal capacity to marry" from the foreigner's embassy/consulate.

Since she cannot get a Filipino CENOMAR stating she is single, she must execute a comprehensive, sworn Affidavit of Single Status (or Bachelorhood/Spinsterhood Certificate). This affidavit must explicitly state that her previous marriage was legally dissolved by the attached Apostilled Hong Kong decree, and she is now legally free to marry. This should ideally be notarized.

Present the Apostilled Hong Kong Decree Absolute, the Single Status Affidavit, and her passport to the Marriage Officer under the Special Marriage Act. Under Indian law (reaffirmed by various High Courts), if a foreign decree satisfies Section 13 of the CPC, authorities cannot mechanically insist on an absolute certificate from her home country if alternative legal proof of dissolution is provided.

You are right that the the Philippines doesn't recognize divorce for its own citizens, her home country will never issue a CENOMAR or approve a recognition request. The Philippine Embassy in India will also refuse to issue a "Certificate of Legal Capacity to Marry." However an alternate route is that sincea local Marriage Officer in India cannot legally evaluate complex foreign laws on their own, their standard checklist requires a CENOMAR, hence to legally bypass this requirement, you can get an explicit order from an Indian court that overrides the registrar's checklist. 

Under Section 34 of the Indian Specific Relief Act, you can file a civil petition in your local Family Court requesting a Declaration of Marital Status by attaching her Apostilled Hong Kong Divorce Decree and explain that under Philippine law, divorce is unavailable, making a CENOMAR impossible to obtain.

The Indian court reviews the Hong Kong decree against Section 13 of the Indian Code of Civil Procedure (CPC). Because it is a mutual-consent divorce where both parties participated, the judge will issue an official decree stating that the Hong Kong divorce is legally recognized in India and she is a spinster/single.

Alternately your girl friend can execute an affidavit  stating she is single and free to marry, backed by her Hong Kong Decree. This must be notarized in India (or at an Indian consulate if she is currently abroad).  Attach proof of Philippine law, i.e., A copy of the Family Code of the Philippines showing that absolute divorce is not available to Filipino citizens, legally explaining why the certificate cannot be produced.

If you strictly follow the steps to ensure her documents are legally bulletproof within India, you can marry and secure her X-1 visa without issues. The law is entirely on your side—recent judicial rulings (including a 2024 Delhi High Court judgment) explicitly state that Indian government authorities cannot mechanically reject a valid, mutual-consent foreign divorce decree or force you into a bureaucratic dead end.The only real "problem" you could face is a local Marriage Officer who does not understand the conflict between Hong Kong and Philippine laws and stubbornly demands a CENOMAR.

If the registrar hesitates, instantly pivot to having an Indian family court issue a Declaration of Marital Status. One the Indian court declares her single status, the registrar cannot refuse to register your marriage

To file a petition for a Declaration of Marital Status under Indian law, you will need to retain a licensed advocate registered with the Bar Council in India. You can choose one from this website or outside too and engage the services of the chosen advocate on the terms of the advocate chosen. 

If you choose the Family Court route to get a declaration of her single status, your probability of a favorable outcome is high , provided your documents are in order.

Indian High Courts have grown increasingly progressive regarding foreign divorces. For instance, in a similar landmark case and various state High Court rulings), courts explicitly ordered marriage registrars to accept foreign decrees and single-status affidavits, ruling that authorities cannot mechanically insist on certificates from a home embassy when a valid foreign court has already dissolved the marriage.

Even though it is a mutual divorce, the Indian court might require that a notice be sent to her ex-husband in the Philippines just to confirm he has no objections to her marrying in India. If your lawyer drafts the petition carefully to show it was a final, mutual Decree Absolute that cannot be appealed, the judge may waive this, saving you months of transit time.

 If you forget to get the Hong Kong High Court to Apostille the Decree Absolute, the Indian court cannot accept it. The Apostille is non-negotiable.