Question : My son (US citizen) got married to an Indian citizen in India according to Hindu religion. But registered marriage was done in USA. If he files divorce in USA will it be valid for her to get married. We performed religious function in India. She is claiming money in India and asking to file for a divorce.
Answer : You immediately need to consult an expert lawyer who would be in a position to advise you on international laws and / or on Indian & U.S. laws with its legal implications. You ought to keep in mind that one has to systematically emphasize the ingredients for seeking appropriate legal compliances at whichever forum by giving valid reasons. You may litigate regards unreasonable demands if necessary. You may consult an expert divorce lawyer for further appropriate compliances.
Archive for Matrimonial Laws
Got married to an Indian citizen in India according to Hindu religion
Got married in India and brought his wife
Question : My brother (Indian but British Nationality) got married in India and brought his wife (Indian Nationality) back to the UK. So the marriage was registered in India but not in UK. His wife didn’t want to settle in the UK, as she wanted my brother to divide and move from the family home. After 3 months of their marriage she left. Now she is back in India and wants a divorce and half his assets. According to Indian law where does my brother stand with a divorce in the UK?
Answer : You immediately need to consult an expert lawyer who would be in a position to advise you on international laws and / or on Indian and U.K laws with legal implications. You ought to keep in mind that one has to systematically emphasize the ingredients for seeking appropriate legal compliances at whichever forum by giving valid reasons. You may litigate regards unreasonable demands if necessary. You may consult an expert divorce lawyer for further appropriate compliances as regards your query.
Hindu divorcee with an only son marries a Christian man
Question : If a Hindu divorcee with an only son marries a Christian man who has three sons, what is her legal position with regards to his assets, after his death? Can the husband now claim the wife’s assets too?
Answer : Your husband will have certain rights to his wife assets if she has died intestate, but one will have to check and look into couple of things before concluding as how the demised woman has made arrangements and its appropriate allocation of her moveable and immoveable properties. Also one needs to check that is there any existing will or else any other family members claiming her properties. You need to consult a family lawyer who could advise further only after learning the right facts.
Work in California, USA and married a girl in India
Question : I reside and work in California, USA. I married a girl in India in 2005 and she lived with me in US. She is also a working professional in US. Due to irreconcilable differences, we are living separately for the past 9 months in US. We met a counselor in US before separation but still things did not work. There is no communication from her or her family and they advised that she is not willing to talk or come back to compromise.
What is the waiting period before I can seek any professional / legal help for any further action? What would you possibly advise as a next step to do? I am from Mumbai, India and may visit in mid-May. I would like to seek some professional advice instead of talking to friends / family.
Answer : You immediately need to consult an expert lawyer. He would be in a position to advise you on You immediately need to consult an expert lawyer. He would be in a position to advise you on international laws and / or on Indian & U.S laws with legal implications. You ought to keep in mind that one has to systematically emphasize the ingredients for seeking appropriate legal compliances on its valid grounds as per appropriate personal law. You may consult an expert divorce lawyer for further appropriate compliances.
and / or on Indian & U.S laws with legal implications. You ought to keep in mind that one has to systematically emphasize the ingredients for seeking appropriate legal compliances on its valid grounds as per appropriate personal law. You may consult an expert divorce lawyer for further appropriate compliances.
Without getting divorced from the first wife
Question : Without getting divorced from the first wife, can a Muslim man get married to a Hindu girl?
Answer : No, a Muslim will have to take consent from his first wife before getting married or else one would require a formal court decree or an order of divorce only then one may have any further associations. As per the personal law, the first requirement is that both of them should belong to the same religion, and if they belong to different religions, then one of them will have to convert to the religion of the other to which the personal law applies and under which they desire to get married. Hope this should suffice your query in brief.
Like to know about the rights of a wife
Question : I would like to know about the rights of a wife who has been living separately because of cruelty by mentally undeveloped husband who has recently filed divorce petition. I am ready to divorce but would like to know my rights as to alimony and amount spent by my parents (about 20 lakhs) at the time of marriage.
Answer : As per the Indian legislation the wife enjoys certain rights and ought to be maintained by her husband. Now as per your query I need to understand the nature of charges & allegations of mental cruelty put up in the petition before I could opine anyways and if both husband and wife mutually agree for divorce then too wife can ask for a permanent full & final alimony as and by way of full and final settlement which could be incorporated in the consent terms with mutual understanding. You may consult an expert divorce lawyer for further appropriate compliances regard your query further. Hope this should suffice your query in brief.
Divorce my wife due to the reason
Question : I want to divorce my wife due to the reason that she doesn’t want to stay in Mumbai and is forcing me to take a job in Delhi. I have two kids. How can I go for divorce?
Answer : Taking any legal step against your wife one has to systematically emphasize the ingredients for seeking divorce. As per law a petition has to be instituted explaining the grounds for divorce in detail under the appropriate personal law. You may consult an expert divorce lawyer for further appropriate compliances as regards your query.
Man can get married after his divorce
Question : Kindly advise if a man can get married after his divorce. He has the judgment of divorce but his ex-wife contested the divorce after 90 days of divorce. He was married under the Hindu Act. Will he be allowed to get married under such circumstances?
Answer : If the appeal is filed immediately against the order of divorce, then in that case the husband cannot remarry until the appeal is finally disposed and appropriate orders or conclusions are arrived in the appeal by the Honourable Court as per law. You may consult an expert divorce lawyer regards any further issues.
Can file divorce in USA
Question : I just want to know if I can file for my divorce in USA even though my marriage certificate is from India and my marriage is not registered in the USA. My wife is here on Conditional Residency so I want to know if I have to go back to India for divorce filing. I am a US citizen. Or is there any other way to get the divorce procedures done here itself in USA?
Answer : You will need to file the papers in the appropriate jurisdiction at the place of your marriage or at the place of jurisdiction where either of you have permanent place of residence. You may initiate the legal process in India under the governance of Indian laws since your marriage was solemnized in India. You need to consult an expert divorce lawyer regards further compliances. Hope this should suffice your query in brief.
Indian national want to marry from Philippines person
Question : I am an Indian national and I want to marry a person from Philippines in India. Can I marry this person as per Indian Marriage Act if this person comes on a valid visa? Please guide me on this issue.
Answer : Presumably both of you are of a legally valid marriageable age. If so, then you can get married in India as per Indian Legislations under the provisions of Special Marriage Act 1954 by following a systematic procedure as laid down by law. The Special Marriage Act, 1954 requires certain preliminaries to the solemnization of marriage. It should be kept in view that marriages under the Act are essentially civil marriages, and the Act provides for civil formalities.
Notice of marriage and its publication – Under the Act, notice of marriage is to be given by both the parties. It has to be given to the marriage officer of the district where one of the parties has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. In the notice, the names, the status (unmarried, widow/widower or divorcee), ages and dwelling place of both the parties are to be stated. The length of residence and the permanent dwelling (if the present dwelling place is not a permanent residence) are also to be stated.
Solemnisation of marriage – Before a marriage can actually be solemnized, the bride and bridegroom are individually required to file a declaration. Each declaration should contain: the status of the bride (or bridegroom as the case may be) at the time of marriage i.e. whether he or she is unmarried, divorce or widow / widower, the age, and a statement that he or she is not related to the other within the degrees of prohibited relationship.
No marriage under the Act shall be complete and binding unless each party says to the other in presence of the Marriage Officer and three witnesses and in the language understood to the parties.
Both of you need to get:
- Passport or any document showing your nationality and proof of residence.
- Any document showing your proof of birth and age, viz Birth Certificate or school leaving certificate.
- A declaratory affidavit duly notarised stating your current matrimonial status and also providing more information with regards your domicile, age, and the place of your permanent residence.
- And also a single document showing the residential proof & status of each witness i.e. Passport or Ration Card or any other property document.
You may consult an expert Matrimonial lawyer regards any further queries, Hope this should suffice your query in brief.
