when the government has no record of your marriage, think why would it want a proving statement that you are divorced? so you do not need to, in my opinion.
Check with the US Immigration office.
The marriage certificate is an official declaration that states that two people are married. In India, Marriages can be registered, a marriage certificate is a legitimate proof that a couple is married. I know one marriage lawyer if you want to do a court marriage you can contact him below I will give you the link guptaandassociates
No, but If there is a legal divorce in the first marriage, then you can do the second marriage.
As long as both of them stay there and the other spouse shows no objection, there is no problem. But if there is a disagreement or objection from a spouse, he or she can proceed with a divorce petition in Indian Court for purpose of jurisdiction that the marriage took place in India. Indian court's order has more impact and validity than the foreign court. SHEELA PAUL Advocate Chennai INDIA sheeladavid5@gmail.com
US laws take precedence, therefore if the couple were legally married in the US and legally divorced in the US, then the divorce is valid. If the couple lived together as a couple (engaging in a sexual relationship, sharing mutual finances, etc.) at the time the divorce was pending then the divorce is not valid.
I believe you can. Only if his marriage in India is not registered in the USA.
They influence Hindu marriage system. They influence people not to have second marriage. This is the reason why divorce are less in India.
Harinder Kaur Boparai has written: 'The grounds for divorce under Canada's Divorce Act and India's Marriage Act'
Yes, a woman can ask for alimony in India after divorce or separation of 2 years provided their marriage lasted for more than 10 years.
Yes, foreigners can file for divorce in India, but the process depends on several factors, including the jurisdiction and the marriage laws applicable to the couple. Below is a detailed explanation: Jurisdiction in India For a divorce to be filed in India, at least one of the following conditions must be met: The marriage was solemnized in India. The couple last resided together in India. The respondent resides in India. The petitioner has been residing in India for a minimum of one year prior to filing for divorce. Applicable Laws If the marriage was conducted under Indian laws (e.g., Hindu Marriage Act, Special Marriage Act), the divorce must also follow the same. For marriages solemnized under foreign laws, Indian courts may still accept jurisdiction if the above conditions are met. Types of Divorce Mutual Consent Divorce: If both parties agree to divorce, the process is simpler and faster. Contested Divorce: In case of disputes, the process can be lengthier and require substantial evidence and legal arguments. Recognition of Foreign Divorce Decrees If a couple has obtained a divorce decree from a foreign court, Indian courts may recognize it under Section 13 of the Civil Procedure Code, provided it is not against Indian laws or principles of natural justice. Legal Assistance The process for foreigners can be complex due to the interplay of personal and international laws. It’s advisable to consult an experienced lawyer specializing in family law to understand the specific requirements and streamline the procedure. If you’re looking for reliable legal support in India, there are professional services available to guide you through the divorce process effectively. sarallegalsolutions .com/divorce-mutual-divorce-lawyer-in-delhi Feel free to ask further questions for clarity!
Coz the marriage was solmnize in India therefore marriage can be resolved in India only and once the course of divorce is started in India then it cannot be started anywhere else. Regards adv.kamal.grover@gmail.com advocate Chandigarh (India) M:+919814110005 Yes, the same can be challenged in India as Res Judicata. You cannot try the same matter in two courts when the jurisdiction is India. Jidesh Kumar.M.D Managing Partner King, Stubb & Kasiva Advocates & Attorneys E-66, 2nd Floor, Kalkaji New Delhi- 110019 India Ph : +91 11 - 41032969, 41318190, 41318191 Fax: +91 11 - 41329569 Web: www.ksandk.com E-mail: jidesh@ksandk.com
I am not sure if you can. Many courts will not hear your case unless the other party is present. Even in India, such cases can take years to get settled. I would suggest you come to India and then get this settled here.