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Can my Malaysian girlfriend, who has her marriage registered in Malaysia, apply for divorce in India?

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asked on Jan 8, 2018 at 13:11
by   Vino290989
edited on Jan 19, 2018 at 07:31
 
I’m an Indian divorcee residing in India and I have my girlfriend who is a Malaysian. I got my divorce in India with my ex-wife.

My girlfriend, she registered her marriage with a guy before 4 years but no wedding ceremony yet and she lives with her parents. She is not interested in getting married to that guy since it took place when she was at young age of 21. Now we are in relationship for past 1 and half year. She is pregnant now and she is carrying my baby. This is her first month.

I’m planning to take her to India. Is it possible to apply for divorce after reaching India?

What are the legal things I have to do?

Note: She has explained that she doesn’t want to get married to the guy and parents and they are against it. What law states for this?

She has gone through worst situation because of him!
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4 Answers

answered on Jan 8, 2018 at 14:31
by   jeff005
edited Jan 19, 2018 at 07:35
 
she registered her marriage with a guy before 4 years but no wedding ceremony yet
She is another man's wife. Malaysia has outlawed Traditional Marriages since 1980's.

when she was at young age of 21.
Malaysia Age of Consent  is 18.

Is it possible to apply for divorce after reaching India?
If she is the one filing for divorce, the answer is NO
If the husband is filing, she needs not come back. Just file court legal (from India) declarations can do thru the  Malaysian Embassy there.

She has explained that she doesn’t want to get married to the guy and parents and they are against it. What law states for this?
Do not understand your question. Did the bridegroom pointed a knife at her when she put her signature on the marriage papers in the presence of the  Registrar of Marriages?

What are the legal things I have to do?
Nothing much you can do. Keep away. You can be jailed for enticement of another man's wife, more serious now that she is pregnant.

with a guy before 4 years
She can file for unilateral divorce after 2 years of marriage. Ask her to contact her husband for amicable solution.

Time is running out. The child's legal status is at stake.
The child is an Illegitimate Child of the worst degree.
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answered on Jan 8, 2018 at 14:33
by   vkpc
Malaysia Age of Consent  is 18.
Actually it has been changed to 16 now.
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answered on Jan 8, 2018 at 20:20
by   Vino290989
edited Jan 19, 2018 at 07:37
 
@Jeff005 thank you for your answers..... 

I said she is pregnant since she didn't get her regular monthly chums. 

In this case, what if she is not pregnant... and can I still I take her to India as a tourist... and come back to Malaysia and apply divorce... after a month?

Since its been 4 years, can she go for Single petition?

While applying, can we stay in Malaysia and then come to India and attend hearings by coming Malaysia now and then... is it possible? 

Then once everything is good I can re-register in India?

Thanks in advance!
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answered on Jan 8, 2018 at 20:54
by   jeff005
edited Jan 19, 2018 at 07:40
 
she didn't get her regular monthly chums.
It is not advisable to be pregnant before the divorce.

In this case, what if she is not pregnant... and can I still I take her to India as a tourist... and come back to Malaysia and apply divorce... after a month?
Very, very good idea. She needs to see the lifestyle and culture before committing to live there. There are frequent reports Malaysians running back here after a period of time, the Indian culture of educated Indian girls here is very different from ethnic India.

Single Petition is unilateral petition.

While applying can we stay in Malaysia and then come to India and attend hearings by coming Malaysia now and then... is it possible?
Why not if you can afford the monthly or regular travels.
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