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Writer's picturethelila500
Apr 26, 20233 min read

Denial Of Wife’s Rights By The Citizen Of Uae Could Be Grounds For Divorce ?

A marriage will not survive unless both p;erties to the marriage are willing to give all what it takes to continue their marriage. When a marriage breaks down, it will not only bring emotional breakdown, however would also attract legal process. For information on the legal process involved, you are advised to seek guidance from family lawyers in Mumbai or your city.


Why is Divorcing a Foreign National Troublesome?

Divorce is not a simple procedure which could be easily followed by everyone. But when the matter involves divorcing a foreign spouse, the trauma would be twofold. The reasons behind such difficulty have been enunciated below:

  • People do not know whether an immigration lawyer in Delhi will be able to deal with the matter in India, or in a foreign court.

  • Also there could be a confusion on whether an immigration lawyer in Ahmedabad is the same as that on a foreign land where the other spouse of the applicant resides, or where the marriage was solemnised.

  • If the husband and wife do not live at a common place could also be a barrier, as among people lack of knowledge of such provisions could be a huge problem.

Divorcing a Foreign National in India


If you are a resident of Mimbai who married a foreign national, in India or abroad, it is advised that you consult with a divorce lawyer in Mumbai to understand the legal provisions involved before filing for a divorce a foreign spouse. Understanding the general rules may not be the best for your case specific facts.

The general rule is that if one of the parties to marriage is an Indian and the other may or may not be a foreign national and the marriage took place in another country, the provisions of Foreign Marriage Act, 1969 applies. As has been provided under section 18 (3) (a) of Foreign Marriage Act, an application for dissolution of marriage shall be allowed in the following scenarios:

  1. Parties to the marriage domiciled in India at the time of filing of the divorce petition.

  2. The petitioner wife was permanently residing in India before marriage, and had been residing in India for the past 3 years immediately before applying for the divorce.

As per the Act, provisions of divorce in a foreign marriage are governed by the Chapter 6 of Special Marriage Act, 1954. Such a divorce petition is allowed only when the petitioner is residing in India.

If the above conditions have been fulfilled, one would have to send legal notice for divorce to the spouse through their lawyers. The divorce process will then be initiated as per the laws applicable in the court of appropriate jurisdiction.

Points to be considered before Divorcing a Foreign Spouse

When marrying a foreign national, following aspects should be followed so that divorcing a foreign national will not become the worst nightmare of you life:

  • Prepare for a social marriage ceremony and publicise it on the social media;

  • Register the marriage in India;

  • Keep the original or copy of the marriage registration certificate with you;

  • You should be prepared with all the paperwork necessary for the issuance of VISA;

  • Must have contact details of Indian embassy in the foreign country qat hand;

  • Contact details of any local Indian associations;

  • You should try to be in the network of Indian citizens in foreign;

  • You should be in contact with friends and family members who are in the foreign country in case of any emergency;

  • Never agree to forge any official documents, including not falling for any traps like green card or some easy migration schemes;

  • You should try avoid marrying in a foreign country, or else, at least get your marriage registered in India under the Foreign Marriage Act, 1969;

  • Never keep your passport and other crucial documents with someone else’s custody including your partner

Lead India offers you a team of experienced advocates who could help you with divorce cases as well as advising you on the provisions involved with the same. Hence, if you wish to talk to a lawyer or seek free legal advice, you may contact us.


Call Us: +91–8800788535



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