My husband and I, married in an Arya Samaj ceremony in 2003 and registered in Gujarat, are considering divorce. We have a three-year-old child born in India. My husband has suggested a simple divorce without going to court, giving me custody of our child and promising to get him an Indian passport. However, I have a few questions: Is a divorce without court proceedings possible, and if so, how is custody officially established? My child was born in India, but I am a foreign citizen. Does he automatically become an Indian citizen?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband and I, married in an Arya Samaj ceremony in 2003 and registered in Gujarat, are considering divorce. We have a three-year-old child born in India. My husband has suggested a simple divorce without going to court, giving me custody of our child and promising to get him an Indian passport. However, I have a few questions: Is a divorce without court proceedings possible, and if so, how is custody officially established? My child was born in India, but I am a foreign citizen. Does he automatically become an Indian citizen?
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Apni Law Staff asked 2 years ago

My husband and I, married in an Arya Samaj ceremony in 2003 and registered in Gujarat, are considering divorce. We have a three-year-old child born in India. My husband has suggested a simple divorce without going to court, giving me custody of our child and promising to get him an Indian passport. However, I have a few questions: Is a divorce without court proceedings possible, and if so, how is custody officially established? My child was born in India, but I am a foreign citizen. Does he automatically become an Indian citizen?

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Best Answer

Apni Law Staff answered 2 years ago

While a divorce without court proceedings is possible in India through mutual consent, it must be formally filed and decreed by a court. Custody arrangements also need to be legally formalized through a court order. Your child, born in India to a foreign citizen, is not automatically an Indian citizen. You will need to apply for Indian citizenship for him.

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