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Impotency can lead to divorce
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Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System. Have a question? Click here...
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Are unregistered marriages valid?
Sara asks,
I am a British citizen living in India for a very long time. I got married in India to a man of Srilankan origin and living in the U.S. (GC holder). Our marriage wasn't registered in India, but we had the ceremony in India. We had planned to register our marriage the U.S.A., but due to some problems we were unable to do so. Now we are living together for 2.5 years in America. Is our marriage valid? I would like to end this relationship. Do I need to apply for divorce in India or America?
Dear Sara,
You have not mentioned the legislation and the personal law under which you got married. You may invoke the legal process at the place of appropriate jurisdiction and the country wherein you or your spouse currently reside and have nationality.
Legality in foreign marriage
Ahmed asks,
I am an Indian residing in Muscat. I want to marry a Pakistani who also resides in Muscat (Oman). Can you please advise me whether it is possible to marry through Foreign Marriage Act or Special Marriage Act. Also in most of your answers to others you have mentioned about the foreign marriage officer so will he be available with the Indian embassy here?
Dear Ahmed,
You can definitely get your marriage registered as per Indian legislation wherein you will have to follow the rules laid down under the governance of the Foreign Marriage Act 1969. Being an Indian citizen, you will have to apply for the said registration compliances before the marriage officer at the Indian Consulate and thus complete the procedure as per law and your marriage registration. Please note that you will have to personally visit the concerned Consular officer at the Indian consulate for the appropriate compliance and follow the instructions as per the law. Hope this suffices your query in brief.
Who can get the child custody?
James asks,
My brother (Catholic-Indian) has married a (Hindu-Indian) girl. The marriage was solemnized in India, in the church, temple and registered at the marriage registrars office. It's been 4 years since their marriage and they have a daughter who is 1 and half years old. Both of them are now heading for divorce. Who under Indian law would get the custody of the daughter after the divorce? What should my brother do to get custody?
Dear James,
Your brother will have to initiate legal process by filing petition to the appropriate family forum at the place of jurisdiction where your brother or his wife resides or where the marriage took place initially for getting the custody of his daughter. It is for the court to decide the final orders of granting the child’s custody.
Various factors are taken into consideration by the court before granting the custody of the child. The most important factor taken into account is the paramount welfare of the child. Other factors such as the healthy environment or surroundings in which the child shall be reared, the financial condition of the father or mother, habits and nature of the father and mother, etc are also important.
Non-consummated marriage due to his impotence
Pavithra asks,
A year back I was married to a the U.K. citizen. Now he has filed for divorce petition in the U.K. as it's a non-consummated marriage due to his impotence. But he changed the plate and said that I was not cooperating with him due to mental imbalance. They also sent me home saying I am mentally ill to cover up his impotency. We were talking about mutual consent with certain amount of permanent settlement. Tell me how to defend the case because I don't have money to do so. Can I file a divorce here in India? Will I get some assistance there in the U.K. if want to defend the case?
Dear Pavithra,
You have not mentioned any particulars as regards the mode, place, legislation and the place of marriage registration in your query. Presumably you are an Indian citizen in which case Indian Laws will be applicable to you. You may initiate legal process at the place of jurisdiction where you reside in India for appropriate legal recourse. You may immediately consult a divorce lawyer for further compliance as regards your query.
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