My son is NRI working and residing in Taiwan. In 2013, he married a Taiwanese citizen. They have registered the marriage with registrar of marriages in Taiwan as well as India as per Hindu marriages act 1954. Unfortunately the marriage did not sustain and in 2018 they got divorced legally in Taiwan. However due to my son's job contract renewals and years of Covid 19, the marriage was not dissolved in India. In the year 2022, my son opted to legally divorce his Taiwanese wife in India and applied for the same. Now since the divorce proceedings is in process at the stages of evidence, can he get a single status certificate and remarry a Taiwan citizen? Two points to be noted is (1) He has not travelled to India after his divorce in Taiwan and (2) He is legally divorced in Taiwan where there is no dispute and no children from first marriage.
A.Dear Client,
Until and unless a decree of divorce is passed by the Cournt, your son cannot apply for the single status certificate and cannot remarry as per the Hindu Marriage Act, 1955, because under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India.
Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruel...
Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband...
Dear Client,
As regards Query: I, you cannot modify the terms of settlement of mutual divorce once it is accepted by the other party and verified by the Court and fix the case for final hearing, even,...
Dear Client
The dissolution is effective from the date of passing the order but it is always suggested to obtain the decree which gives and solidifies the finality to that order.
You have selected a Lawyer whose location is different from your Location , if you wish to take phone consultation kindly pay and get the details of the Lawyers.
Type of Consultation
Fees
Phone Consultation
₹
Meeting Consultation
₹
Email Consultation
₹
Video Conference
₹
Request for quotation from the Lawyer.
You are a new user, please validate for security reasons
❶ Client Posts a Question by paying some amount
❷ All Paid Answers will be shown in N-Indicator (Open to Answer)
❸ You can reply and respond to the question
❹ Answer will be Approved by Admin based on content and on first come first serve basis.
❺ If answer is Approved then you will get your share. Status will be A-Indicator (Approved).
❻ If there are many Answers Posted then your Answer may get approved with a Lock. That means Client can view your response only if Client Unlocks by Paying Extra Amount. Status will be AL-Indicator ( Approved and Locked).
❼ If there are many Answers Posted you will Waitlisting tag. Waitlisting Answers may get Approved with a Lock or may not get Approved. It will be decision made by the Admin.
❽ Your share will depened on the number of Answers received and weightage given to your answer based on promtness and content.
➒ All amount will be accumulated and will be shared once in a month.
Your question is posted successfully. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601
Your question is posted successfully on the open forum. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601