If you are an Indian citizen then definitely you can file a divorce petition on mutual consent basis in India and get divorce it will take almost 1 year to complete

1. Did you marry in India ? If yes, then as per which Act?

2. If you have married as per Special Marriage Act, in India, the both of you can jointly file a mutual consent divorce petition before India after one year of your marriage and after staying separately for one year.

3. If you have not registered your marriage in India or have not married by following Hindu rites and customs by converting her to Hinduism, then you can not get the decree of divorce from Indian Court for want of jurisdiction of Indian Courts.

Sir was your marriage registered with Indian embassy under the Foreigners Marriage act???

As the applicable laws on the marriage has to be seen.

In India for mutual divorce generally one year separation required and it takes 6 months to mutual divorce.

Hi, you can get a mutual divorce under section13 B of Hindu marraige act ..( presuming you are of Hindu relegion )) .. The mutual divorce can be obtained within a month after the filing of petiton ..

1. it appears the marriage was performed under foreign law only.

2 if the marriage was done under Hindu or Special Marriage Act then there is no scope for filing the case in India.

3. in that event your only option lies to file such suit for divorce in Ireland only.

4. So file such suit in Ireland and forget the option of legal recourse in India.

Yes and precisely for this reason alone I advised you to explore legal recourse in Ireland only. In India no suit for divorce lies.

You cannot file for mutual divorce in India,if the marriage is not registered under the provisions of Special Marriage Act or Hindu Marriage Act.

The only recourse for you is to file for mutual consent divorce in court having jurisdiction in Ireland, as no other court would have jurisdiction to grant a decree for divorce to you.

Indian courts have no jurisdiction as marriage solemnised abroad and not registered with Indian consulate in Ireland under provisions of foreign marriage act

Marriage is also not registered in India hence divorce cannot be granted In india

Indian courts cannot grant divorce by mutual consent

Hello,

Unless your marriage is being done according to Indian law you cannot take divorce from india.

Regards

You can get divorce on mutual consent under Section 28 of the Special Marriage Act if both you and your are wife willing to get divorce.

You have to present / file a petition before the concerned District Judge / Family Court Court Judge along with necessary affidavits, marriage certificate, at least two marriage photographs, identity and residence proofs. Both you and your wife must appear before the court at the time of filing petition and on the later date of hearing of granting final divorce which will be after minimum six months from the date of filing divorce petition.

Such petition for mcd can be file only after completion of minimum one year from the date of marriage. The divorce will be granted after a period of minimum six months. The jurisdiction for such divorce will be place of marriage, address of lastly resided, either party residence location. Yo can provide any local address as lastly resided or submit your place of residence in India.

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If in case your marriage was solemnized under

This marriage can't be divorced in India.

Your marriage is governed under the laws of Ireland and it can be dissolved only in Ireland.

Hello

You are a citizen of India living in Ireland. You Married a European woman who is a citizen of a country in Europe. The marriage was performed in Europe a civil marriage. The Indian law cannot be applicable in your case. The Irish courts would have jurisdiction subject to the European law.

Therefore a mutual consent divorce can be performed in any European union country where a country is not so Catholic and divorce is granted easily.

Otherwise you and your wife can come to India and your wife can file a mcd application...the process would take 6 months as you are a Indian citizen.. The mcd will be granted after 6 months.

Regards

The Indian court does not have jurisdiction you have to file divorce in Ireland only.

But you are married that is enough apart from you are Indian

To be governed by Indian Law, you have to register your marriage at Indian Embassy - Ireland.

1. So, Indian Marriage Acts re not applicable on your said marriage registered at Ireland.

2. In a similar case where the marriage of one of my clients was registered at Singapore where MCD is allowed after 3 years,the couple submitted few photographs taken later on claiming to be the evidence of their religious marriage.

3. Based on their said photographs so taken, thy have filed a MCD petition for which the 2nd motion has been fixed in the month of December'2018.

You cannot get your marriage dissolved in India as the marriage was solemnised in a foreign country and the registration also was done in that country.

If you want to get your divorce in India, you hav to get your marriage registered in India under special marriage act or foreign marriage act and after that you can think about filing a divorce case in India.

I was married in Ireland. The marriage was done in registerrar office and was not a religious marriage. I have not registered it in India.

Then there are no possibilities for divorce in India.