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UWe are both Indian citizens who got married in the US due to COVID but then started having a lot of differences. Recently she lost her job and had to permanently move to India. Is it possible to get divorced in India? I don’t think long distance will help this marriage and I am not in a position to move back to India now.
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UDon’t ever come back to India for divorce or till you start the legal proceeding in the US … coming back to India is a trap. She can file a case and you will not be allowed to travel back… then her lawyer will extract a hefty amount from you
She may have been adviced by her lawyer to get u back here …here the laws are totally against u
Send her a notice from US and end it there… consult a lawyer from India online and ensure your family doesnt meet her or else they will also be harassed
We have lost good men in India…. i also lost a dear jovial guy to harassment by in laws and divorce harassment
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UHow does this even answer OP’s question? You don’t even know under which personal law or state law they were married under?
What if they registered their marriage under American law (law of state in which they were residing), how does your advice assist OP?
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UThis is wrong. Your marriage is not under Indian jurisdiction. I’ve been through this personally – file a divorce in USA and get her served in India. Indian law cannot hold you accountable as your marriage isn’t registered there. She will need to come to USA to defend her case else you will be granted the divorce easily if she doesn’t show up to contest. Get a good lawyer incase you believe it’ll get contested and litigated.
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UAs per Indian law marriage of Indian citizens even if registered abroad is valid in India and since his wife is literally residing in India she can file for divorce in India. Even if OP doesn’t file for divorce in India and serves his wife in India after filing for divorce in America – his wife CAN STILL file for divorce in India and get maintenance orders which can be executed if OP has property/investments in India. OP is an Indian citizen at the end of the day and how long will he hide in America?
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UIf you’re a practicing lawyer I’ll consider your opinions. Ask a Bonafide lawyer before typing – nobody can just claim they’re married and file a lawsuit against anyone when the marriage isn’t registered in the country as required by law. You DO NEED to register your overseas marriage in India in order to pursue legal ramifications. Fact check.
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U*”You DO NEED to register your overseas marriage in India in order to pursue legal ramifications.”*
No you don’t. I am a lawyer. Under what law are Indian citizens or any married couple living /not living in India required/mandated to register their marriage in India which has taken place outside India?
*”nobody can just claim they’re married and file a lawsuit against anyone when the marriage isn’t registered in the country as required by law.”*
There are thousands of Indian couples living in America who got married in India and you are telling me they are mandated to register their marriage in America? They aren’t and the same is true for India. Women who are Indian citizens and who get married outside India to Indians/non-Indians and who have literal children from such marriages are required to register the marriage in India if they have been abandoned by their husband who are abroad? How do you register such a marriage if the other party won’t step into the country? Do you understand how registration of marriage under the Special Marriage Act works? Why do you say a whole bunch of stupid stuff which is literally not true? If you have no actual knowledge why not just shut up?
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UEven if OP doesn’t file for divorce in India and serves his wife in India after filing for divorce in America – his wife CAN STILL file for divorce in India and get maintenance orders which can be executed if OP has property/investments in India. OP is an Indian citizen at the end of the day and how long will he hide in America?
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CI’m so sorry that it’s come to this. OP has negative karma with deleted history of all posts and comments despite a 7 year presence on reddit, he’s probably not the nice guy you want to help. I hear that you have a friend who has experienced harassment in court and you feel upset by this unfairness and want to help. I hope your efforts will go towards helping good people and not just those looking to abandon their spouses.
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RYou should get divorced in India. It is preferable to the US for legal reasons. You’re both likely domiciled in India (domicile, habitual residence and citizenship are different). However, this is a particularly involved aspect of private international law. I (or another) private international law practitioner will need more details before they can advise you more fully — re your marriage, any children, assets, etc. The end game is to get a divorce decree that is recognised everywhere. You’re both domiciled don’t want a zombie marriage — one dissolved in the U.S. but abiding in India. PS: And trust me you don’t want to listen to generic advice here. Private international law is not as straightforward as some think it is.
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RYou clearly don’t know the “P” of private international law or the “D” of domicile. Ever heard of anti-suit injunction? Know courts of one country can refuse to recognise the decree of another? Of course you do not.
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ULegally speaking, yes if you both are Hindus and have married according to your personal law. Hindu Marriage Act applies to people domiciled in India, since you are Indian Citizens, it applies to you. However, if that is not the case, you should have taken recourse to the provisions of Foreign Marriage Act while solemnising the marriage.
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RI agree. I tried saying essentially the same thing in my comment and got downvoted. It is important OP and other similarly situated litigants are protected from anecdotal projections that so often masquerade as legal advice here. This is an involved branch of private international law which in turn is complicated to begin with.
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FNot lawyer here , but my friend had same issue .
She has filed a divorce in india and they got divorced as per law .-
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FBro not all women’s looks for money …I know evil men who used women’s money next they sold their souls. …by the way i am 39 married male with kids…so I know little bit about world …
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Rall I’m saying is that legally, in a situation like OP’s, for a woman it would financially be more advantageous to divorce in india and for men it would not, now if the woman is looking for money or not is of no concern because it’s a fact that women have it legally better in india than men, one really good example is that the legal system doesn’t even recognise that males can be raped, they only recognise female rape, and male rape is actually not that much rarer than female rape so if lets say a 18 yr old boy were to be raped by spiking he legally can’t do anything.
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UGoing the Legal route in India or the US is going to be a costly affair, considering you are Indian Citizens and assuming you are practicing Hindu. Based on the marriage registration, visa type , type of case filed, the court proceeding might drag and affect you mentally, psychological and financially for self and family members.
Mutual consent with a fair payout (if applicable) is the best route to make life easy for all parties unless the opposite party had other intentions.
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NIt depends, did you have a religious wedding ceremony or was it a registered marriage in US? Are you both Hindu?
If you had religious wedding ceremonies then you can get divorced in india by mutually agreeing to the jurisdiction here. You can prove the marriage by showing wedding photos that show that you married under Hindu marriage act. Even in this case it’s necessary that both parties consent to jurisdiction of the Indian court as even if one of you challenges the jurisdiction then the divorce cannot be granted.
If you had a simple registered marriage abroad without any religious ceremony then you can’t get divorced in india as your marriage isn’t recognised under Indian marriage laws. -
EHold up. She is a US citizen and is coming back to India permanently? Does that mean she will give up her US citizenship?
Do not come to this shore before the divorce is done. Get a lawyer to represent you in your “PERMANENT” absence. Not saying something contrary will happen to you but its better to be safe than sorry.
If she is a US citizen the chances of she getting married to someone in India and moving back to US is more probable. So you be aware of that. If this is the case then you are/will be in a power position.
We have seen enough here to be this skeptical of the intensions. Do not go – What is wrong with these people. People have literally committed suicide because of the divorce law craziness.
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UBased on the circumstances you’ve described, it would be advisable not to come to India to initiate or participate in the divorce proceedings.
Many women prefer to file for divorce in India because the legal framework here often favors women in matrimonial disputes. There is a significant risk that she may demand substantial alimony, and Indian courts are generally inclined to grant such requests, especially if she claims financial dependency.
Additionally, there is a potential risk of her filing false allegations under Section 498A (domestic violence and cruelty). This could lead to severe consequences, including the seizure of your passport, restricting your ability to travel, and entangling you in prolonged legal battles that can be both financially and emotionally draining.
Given these risks, it is recommended to explore legal options in the US, where the process might be more neutral and less prone to such complications.
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ULawyer here. Are you talking about a divorce through mutual consent or is it going to be a contested divorce? If it’s a divorce through mutual consent, I suggest you sign the settlement first and then think of travelling to India and not prior to that. If it’s a contested divorce, the jurisdiction will be determined by the fact if you married according to Hindu/ Sikh/ Jain/ Buddhist customs or not.
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POption 1 – You can get divorced in US itself, But it is important that your wife also participates in the proceedings. If it is mutual consent and her interests are protected in the divorce proceedings, you will not have any trouble. If she doesn’t participate in the divorce proceedings, then the Indian courts will not consider it as divorce. your wife can sue you from India. You may have to face other charges, if your wife chooses to take that route. Read this article [https://divorcebylaw.com/what-are-the-similarities-and-differences-in-divorce-procedures-for-nris-and-foreign-nationals-in-india/](https://divorcebylaw.com/what-are-the-similarities-and-differences-in-divorce-procedures-for-nris-and-foreign-nationals-in-india/)
Option 2 – Yes, if you both are Hindus or got married under Hindu rites and rituals or have OCI card you can get divorced in India. You can refer this case, however the facts are very different but the principle could be adapted [https://indiankanoon.org/doc/113065364/](https://indiankanoon.org/doc/113065364/)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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QDon’t even think of coming back to India even in your dreams. Friend of mine was working in Africa and had to come back for a divorce proceeding, made his life hell, he couldnt go back timely, lost his job. Coming back in opening the fields for harrasment and a gateway to seek alimony ( since you are earning in USD ). Good luck.
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SCalifornia has no fault divorce where no one has to prove that their spouse did something wrong and there are clear guidelines about how the assets of the couple are divided in case of divorce. So getting a divorce there is simpler.
[https://selfhelp.courts.ca.gov/divorce-california](https://selfhelp.courts.ca.gov/divorce-california)
In India divorce proceedings almost always involve filing of domestic violence cases against the parents of husband.
Please don’t make the mistake of coming back to India before divorce is final or filing for divorce in India. Just get in touch with a lawyer in California near you. Ask your colleagues/friends for references to find a lawyer.
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UIndian men are ultimate gold diggers. Poor wife lost her job, he cunningly sends her back to India and wants to file her divorce without mutual consent.
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UFriend, please take this for what it is worth. I don’t know the background and reasons for how/why you find yourself in this situation. Even if your wife has not been very helpful by moving back to India, instead of staying here in the U.S. with you and perhaps looking for another job, you have a responsibility towards her. You are her husband after all. Don’t rush to any conclusions. Divorce is rarely the solution to a person’s problems. Try to be compassionate and loving towards your wife. Talk and WhatsApp with her as often as you can. Visit her in India or take a vacation together elsewhere. Over time, if she wants to remain in India, then perhaps you can consider moving back to India yourself. In other words, do everything in your power to save your marriage.
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DIs her loss of job and visa the reason for divorce? Applying for divorce through a lawyer in US can be super duper expensive. In India, contested divorce can lead to multiple other cases and drag on for years. Best course of action would be to come clean and let your spouse know of your intentions to end your marriage, and then reach to an agreement to file for a mutual divorce.
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ULegal Considerations for Divorce in India
Since you and your wife are Indian citizens but were married under U.S. law, Here are some relevant points
1. Recognition of Foreign Marriage in India
Since you did not register your marriage under India’s Foreign Marriage Act, 1969, your marriage is governed by the laws of the U.S. However, Indian courts generally recognize foreign marriages under private international law, provided they were legally valid in the country where they took place.
2. Jurisdiction for Divorce in India
Under Section 19 of the Hindu Marriage Act, 1955, if either spouse is residing in India, Indian courts may have jurisdiction to hear the case. Since your wife has permanently relocated to India, she can potentially file for divorce there. However, because your marriage was solemnized in the U.S., an Indian court may inquire whether it has jurisdiction or if California is the proper forum.
If your wife files for divorce in India, you (as a U.S. resident) may challenge jurisdiction, arguing that the U.S. has a stronger connection to the case. However, if your wife proves her permanent residence in India and establishes jurisdiction, the Indian court may proceed with the case.
3. Mutual vs. Contested Divorce
If both of you agree, you can file for a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, which takes around 6-18 months.
Since you mentioned the divorce will not be mutual, your wife may have to file for contested divorce on grounds such as cruelty, desertion, or irretrievable breakdown of marriage. This can take several years in India.
4. Alternative: Divorce in the U.S.
Since you were married in California, you can initiate divorce proceedings there. A U.S. divorce decree is generally valid in India, provided it is
Based on valid jurisdiction and not obtained through fraud or ex parte proceedings
Best Course of Action:
If you want a faster resolution, consider filing in California, where you are already located.
If your wife insists on filing in India, she can try to establish jurisdiction, but it may be contested.
Consult an Indian family lawyer for jurisdictional issues, especially if a contested divorce is likely.
If you need a family lawyer please don’t hesitate to connect with me 🍻
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