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NRI Divorce
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The Supreme Court’s recent observation that the Hindu Marriage Act, 1955, is breaking more homes than uniting them is worth consideration. The apex court has voice concerned over the fact that a large number of divorces are being sought on the pretext of some diseases under which the legal separation is valid. For example, on provisions like insanity and leprosy, which are grounds for divorce under the Act, are helping the spouses go for divorce. The Justice Arijit Pasayat observed: “Our grandparents also suffered from mental illness. But spouses never parted company... The effort was to save the home”. He is absolutely right, especially when we talk about marriage in India, it is a solemn and life long institution, not just ‘till feel happy’ period. Disease cannot be offered as excuse for separating ways forever. Lamenting at the current trend in society, the Supreme Court went afar when it held that nowadays, divorce petitions were being prepared even before the nuptial knot had been tied. Well, in this materialistic times, life style particularly in metros has given rise to growing number of divorce cases, in which both husbands and wives keep the divorce option open. Perhaps education and information has taught us to be extra conscious of our rights that propel us to demand more and give less than the vice verse. Or people take due advantages of legal procedures by interpreting them in more liberal ways. We can explore the reasons: is it too much freedom? Or preference for single family? Or too deep professional and personal engagement? Or lack of adjustment? There can be many more such causes. Office relations and ‘many options in life’ are perhaps helping men and women seek something new every time that leads to newer relations. And like old ways give way to new one, people like to change wives or husbands as they change jobs. Source: News Strack India |
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| In a verdict that may have far reaching impact over institution of marriage, the Nagpur bench of Bombay high court has dismissed a husband's petition seeking divorce from wife living separately for last 19 years. The court observed that Separation is no ground for gettting divorce. |
Question: I got married to a Indian women & later shifted to USA. I got a divorce from her granted by United States Court. Now in I am back in India and want to marry and Indian citizen. What legal formalities I have to complete in order to get the remarried.