If I am right, this is the situation I think. You and your spouse both got married in India and now your couple is residing in a foreign country and you prefer to get out of your matrimonial relationship. The first thing would be to find out whether your spouse is willing for obtaining divorce from you. If she/he is agreed for divorce, you can very well visit the Attorney’s office and ask them to suggest for obtaining a mutual consent divorce in that country. Mutual Consent divorce granted by foreign courts is valid and binding on Indian Courts and this decree of divorce is recognized very well in India, and by its enforcement in India, would dissolve the marriage solemnized between the parties.
On the other hand, if the your spouse not willing for divorce proceedings, you go to the experienced Attorney in the divorce laws, seek suggestions for obtaining divorce by filing case against your spouse. The Attorney after scrutinizing the facts and circumstances in your case, may advice you to file a case against your spouse seeking divorce on grounds available in that foreign country. Please note that to enforce the decree of divorce in India, such grounds are to be available in the Indian laws, otherwise, your decree of divorce is not legally valid or recognized in Indian Courts. Also, there is a chance that your spouse may challenge the foreign decree of divorce in the Indian Courts. Hence grounds for seeking divorce should be carefully taken in your divorce petition in order to make the decree recognized in Indian courts. The other circumstances you come across would be if your spouse not attended the case in foreign court, you may get ex-parte divorce, which is not valid in Indian Courts as ex-parte divorce issued by Foreign court is not legally binding on Indian courts. The other scenario would be if your spouse may attend the proceedings in foreign court and she contests the case . In such circumstances, you need to establish the grounds stated in you divorce petition with proper proof during the trial and if the Court satisfied with the proof, and foreign court may grant decree of divorce in favour of you. The same can be enforced in the Indian Courts by which your marriage relationship with your spouse would be dissolved.
By Anitha Gutti