Indian-European Divorce

Gabriela1989 Member

Member since 20 June 2015

Gabriela1989Member25 June 2015 13:22:28

Hello
''One Indian is getting married with an European girl in India. They register the marriage in Europe as well. After few years they decide to divorce. Can they divorce in Europe and to which law they are subject to ( indian/european) ? Which are the differences between european and indian divorce?''
Thank you

Everyday Asia Member

Member since 02 April 2015

Everyday AsiaMember25 June 2015 14:02:24

I'm no expert, however one of them lives in India, they can get divorced in India in the jurisdiction for which he or she has permanent address proof (i.e. owns the property or a member of his / her family owns the property).

The process for mutual consent divorce is to make a 1st petition - both parties should go to the court in India. Then after 6 months make the 2nd petition in court in India. Post that, the divorce is typically granted if there are no outstanding matters. However if one party isn't in India, there are kids, one contests the divorce, things get seriously messy. In which case, Europe may be a better option.

My 2 cents - totally not an expert though!!!

Gabriela1989 Member

Member since 20 June 2015

Gabriela1989Member25 June 2015 14:16:47

The family will live in an european country after divorce. Is that changing anything? Thank you for the answer

Everyday Asia Member

Member since 02 April 2015

Everyday AsiaMember25 June 2015 14:23:01

Unless there is an advantage to divorcing in India (doubtful), suspect Europe will be easier. If neither party live in India, then my understanding is they cannot file a divorce in India.

Fred Indonesia Expert

Member since 02 August 2009

A smile is the universal welcome.
Max Eastman

FredIndonesia Expert26 June 2015 01:46:56

29344

She's posted the same thread in the England forum.
Not yet married but asking about a divorce.

Very odd.

nguyengiang Active member

Member since 31 May 2014

nguyengiangActive member27 June 2015 04:07:22

I think they should divorce in Europe because its so difficult to do it in India.

Y.K. Sikri Member

Member since 07 September 2017

Y.K. SikriMember24 September 2017 20:53:51

Get divorce in India where marriage was solemnized. Only Indian court has the jurisdiction to decide. However according to international law if both parties submit to some foreign courts' jurisdiction then they can get divorced there too. My suggestion is getting divorced in India for solving all future issues because Indian courts are not bound to accept any foreign judgment or documents.