- This topic has 29 replies, 18 voices, and was last updated 1 year, 2 months ago by
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RAs the title says, we married overseas and I just don’t want to travel to another country just to divorce. Are there options to divorce in India even if I have no marriage certificate from India?
Or alternatively, can I get an Indian marriage certificate and then apply for a divorce?
What would be the best option for me?Thank you
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RSettle it abroad where courts are pretty neutral on such issues. Moment u get it registered in India, u open up yourself to countless areas to be exploited by opposite side
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BIn most western countries the division of assets is 50%. On top, child support etc is paid for the child’s maintenance.
As must guys love to cry about the laws favoriting women in India, but most western countries have laws that favor women as well no matter who filed for divorce, specially if there is a child involved for their protection and well being.
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SYou are wrong. Division of asset is not 50%. In most western country, division of asset accumulated after marriage is 50%. And even than most of the courts consider the length of the marriage and contributions made to the marriage. Meaning men in western countries don’t have to pay lakhs if they had hired maids and/or were married for less than 3-5 years and also don’t have to go to jail in false dowry(498A) or the so-called unnatural sex(sec 377) cases. Other things which you have mentioned like child support laws etc are also better for men in western countries.
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BI agree it’s division of assets acquired during marriage, which is the same for India.
What I am trying to say is that the cases we see in media are exceptions, both in India and other countries. Most cases that start amicably end up divorcing amicably as well. Most people don’t take undue advantage and end things peacefully.
However, just like in India there are laws that are exploited every day as well. Are you trying to imply that it’s only in India that people exploit the system successfully?
The laws are not all that different where assets acquired during marriage are divided as it’s fair. There are variances to this based on the country religion etc though.
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RIt is complex case. But, ideally if she come here and demand some alimony, and if law allows to entertain this scenario, you are gone. Consider your all options. Contact Amish Aggarwal, he is pretty famous because of his matrimonial dispute youtube videos, or anyone else lawyer, who deal with matrimonial dispute.
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CYes, you can file for divorce in India even if your marriage was solemnized overseas and registered under foreign law, provided certain conditions are met. Here’s what you need to know:
1. Divorce in India Based on Foreign Marriage Certificate
– Indian courts recognize foreign marriages under the **Special Marriage Act, 1954** ( if registered under it) or under **Section 13 of the Civil Procedure Code (CPC)** for dissolution of marriages.
– Since your marriage certificate is from overseas, you can still file for divorce in India if:
– You or your spouse are **Indian citizens** and reside in India.
– The marriage is legally valid in the country where it was solemnized.
– The grounds for divorce (mutual consent, cruelty, desertion, etc.) are applicable under Indian law.#### **Process:**
– File a **mutual consent divorce petition** (if both agree) under **Section 13B of the Hindu Marriage Act (if Hindu)** or the **Special Marriage Act** (if interfaith or secular).
– If contested, file under relevant grounds (cruelty, desertion, etc.).
– Submit the **foreign marriage certificate** (translated and apostilled/notarized if required).
– Indian courts will examine the validity of the marriage and proceed with the divorce.### **2. Do You Need an Indian Marriage Certificate?**
– **No**, you don’t need to register the marriage separately in India to get a divorce.
– However, if you wish, you can **register the marriage in India under the Foreign Marriage Act, 1969** (for Indian citizens married abroad) or the **Special Marriage Act** (if one spouse is Indian). This is optional and not mandatory for divorce.### **3. Best Option for You**
Since your divorce is amicable and there are no custody issues, the **fastest and easiest route** is:
– **File for mutual consent divorce in India** under the applicable law (Hindu Marriage Act/Special Marriage Act/Indian Divorce Act).
– Submit the **foreign marriage certificate** along with a notarized/apostilled translation (if not in English).
– No need to travel abroad—the divorce can be completed in India.### **Steps to Take:**
1. **Consult a family lawyer** in your jurisdiction in India.
2. **File a joint petition** for mutual consent divorce (if both agree).
3. **Submit required documents** (passport, marriage certificate, proof of residence, affidavits).
4. **Wait for the mandatory 6-month cooling period** (for mutual consent).
5. **Final court decree** will be issued after approval. -
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FNo you can’t, settle it in the country of registration.your marriage is not yet officially recognised in India to have the divorce proceedings
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WWTF…not officially recognised in India? Meaning can marry again already?
You are opening a can of worms my friend!
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WI don’t think it works like that. If it works like that then Indian marriage certificates also are not accepted elsewhere and immigration as dependent cannot happen. Please read up. Marriage anywhere in the world is recognised in most countries. Else we would have keep marrying everywhere we go.
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FI am saying technically,he can, not legally,understand the difference,yes marriage certificates are accepted across many countries unless they are submitted or shared, no1 can stop him from pretending to be single and get married and get a certificate as well
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WHa ha ha ha…Okay. You can do that even if you are married in India. There have been plenty of cases of this.
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MAs far as I know, getting a divorce even with mutual consent is very difficult in India. It’s not a quick process. There will be a separation period of 1 year at least that would have to be established. The courts will put you through counseling and try to “save” your marriage – even if both of you say you don’t want to stay together. If you end up getting an Indian marriage certifcate, you might end up asking “Can I divorce abroad if my marriage is registered in India?”. If you are splitting up amicably, you may be better off getting divorced abroad – before the systems here make it “unamicable”.
That said, I am not a lawyer. This is just based on reading the comments on so many divorce threads here on reddit.
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SIf you are Indian citizen, then yes you can but both you and your ex will have to appear in the court and will have to sign an affidavit regarding the terms of child custody, alimony, and property division, to proceed smoothly. After that a cool off time of six months will be given by the judge and after 6 months, you and your ex will appear in court again and the court will grant divorce.
In short, you will be better off spending 2-3 lakhs going to abroad for divorce.
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