Indian Citizen Divorcing Canadian Citizen- Does Laws in India apply?
I a Indian Passport Holder got Married to a girl who is a Canadian Passport Holder. The Marriage took place in California. At the time of marriage both of us were in USA and are currently in USA. In case of divorce do I need to file for divorce in India? Does any of the Hindu Marriage Act Laws apply in my case?
A marriage between Indian citizen & a foreigner in a foreign country which is solemnized in a foreign country should be got registered under the Indian Matrimonial laws. In case you got married with this foreigner in USA firstly was your marriage according to Indian traditional/religious form or the Civil Marriage applicable in US between two foreigners? If you married according to Civil form of marriage applicable to foreigner in USA then this marriage should be registered with the Indian Embassy in USA under the Foreign Marriage Act, 1969 to cover it under the Indian laws, this marriage could also be registered under the Special Marriage Act, 1954 in India. Even if you got married under the Hindu form of marriage (if you both are Hindus) then that marriage should have been registered under the above mentioned Acts in USA or India or under the Hindu Marriage Act,1955 in India in the District where you resides to bring this marriage under the preview of the Hindu Marriage Act,1955. If you file a divorce case in India the very first thing which the Indian court will require you to prove the jurisdiction of Indian court to hear & decide the divorce proceedings between both of you. In order to show that Indian court has jurisdiction to hear this petition the marriage should be registered within the Indian Matrimonial Law such as those I have mentioned above. The registration of any marriage within any of the applicable matrimonial laws in India gives Indian court jurisdiction to adjudicate any matter relating to matrimony as well that gives a proof of actual marriage being performed between the parties. In order to clarify these two issues whenever any Indian citizen marries a foreign citizen in a foreign country it is always advised that the foreign marriage should be got registered according to Indian Matrimonial laws as discussed above.