Divorce of foreign spouse

[Rameshkumar Sagar]

Dear sir,
We are Hindu.My son married a woman who is a Philippine citizen in Kuwait in 2005. My son is Hindu and his spouse is christian.
The marriage had been reported to the embassy of Philippine at Kuwait and thereafter in the passport the name of the spouse was added.
The couple stayed at Kuwait up to 2016.Then they gone to Philippine and purchased a house by son.
The couple has two children 10 and 7 yrs.The spouse is now at Philippine with the children.And wants the custody of the children if they divorced.
Now the spouse wants divorce. Reasons known to her.My son is now in India at Vadodara.
As per Philippine law foreign court judgment is recognized
in Philippine.
pl. reply me on my following questions:-
1. in which court the divorce petition has to be filed?
2. whether the Foreign Marriage Act applies?
3. for child custody a separate petition has to be filed?
4. Has a lawyer to be required for recognition of the judgment of our court?

[Dr. Ashok Dhamija]

Your question involves complicated questions of facts and it is not appropriate to reply in the absence of knowing full facts of the case, including: under what law (in Kuwait) the marriage took place; whether such marriage was registered under the Foreign Marriage Act, 1969 (of India); or whether it was registered under the relevant law of Philippine.

If it was registered under the Foreign Marriage Act (of India), then they may apply for divorce under Section 28 of the Special Marriage Act, 1954 for divorce by mutual consent and the petition will have to be filed in the district court / family court. But, if it was not registered under the said Act or under any other Indian law, then one has to examine whether it was registered under the Philippine law and what are the provisions of such law.

But, let me point out that a foreign judgment may be recognized in India also subject to certain conditions laid down in the CPC.

You should consult some lawyer by providing full factual details, along with all relevant documents (including marriage certificate, if any) in order to get proper advice.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Rameshkumar Sagar]

sir,
thank u for reply.
for your recollection of my case the brief details:
1. my son Hindu, married with Philippino citizen christian lady in 2005 at kuwait.
2. Marriage registered in the State of KUWAIT. Ministri of Justice as Marriage contract no 854 in presence of two witnesses of the Marriage both are Muslims.
3. Stated in the Certificate:: TRUE MARRIAGE VALID WITH CONSENT OF THE JUDGEAND ACCEPTANCE OF THE HUSBAND ABOVE MENTIONED ON DOWRY OF K.D 200.ACCORDINGLY TO THE BOOK OF ALLAH ..BEING AFTER CONFIRMATION ..FROM LEGAL PROHIBITION.
REMARKS: Husband bearing declaration of ISLAM Number 588 dt. 11-4-2005 so as wife no. 642 dt. 19-4-2005.
4. REPORT OF MARRIAGE: embassy of the republic of the philippines -state of kuwait.
This marriage was to day registered with the Embassy under no. KT-96-06 of the civil Registry Record Book.
SEAL OF THE EMBASSY OF PHILIPPINES -KUWAIT
PL. REPLY ME :-
A. WHETHER THIS MARRIAGE GOVERNS BY THE FOREIGN MARRIAGE ACT?
B. THE SPOUSE ID IN PHILIPPINE WITH TWO CHILDREN 10, AND 6 YERS DUG. AND SON.
C. SHE REFUSED TO RECONCILE AND SEEKS DIVORCE.
D. PETITIONS FOR DIVORCE on mental cruelty AND CHILD CUSTODY UNDER WHICH LAW?
E. Reasons for best welfare of the children are there.
awaiting reply
R.P.SAGAR

[Dr. Ashok Dhamija]

I think I have already replied to you in this regard earlier. As I have mentioned earlier, you should consult some lawyer by providing full factual details, along with all relevant documents (including marriage certificate, if any) in order to get proper advice. It is not possible for us to give help on detailed facts of an individual case without having seen the documents in detail. We can guide on general legal provisions but it is not advisable to guide specifically on facts without having seen the detailed papers. So, please consult some lawyer and show him your detailed papers to get a proper advice.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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