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Divorce and Separation

Divorce solution

My wife is a UK citizen ( naturalised and of Indian origin. She was born in India) We married in India in 2008. She filed a case in Indian court at her parents' place in the year 2012 and because of jurisdiction the court did not take the case (The case in India took five years to close) But it was in the UK at her current residence that we last lived as a couple and returned in February 2012 as we weren't able to sort out differences and my visa was expiring. I could acquire a dependent visa only in June 2011. So till then, we lived separately ( I was in India and she was in the UK) She filed for divorce in the UK in 2017. Nisi decree was refused as the legal advisors needed more proof about jurisdiction(It was refused as part 3 of the petition ‘Jurisdiction’ does not disclose a valid ground of jurisdiction) It has been more than one year she didn't reply to the UK court query and not willing to apply again with the required docs. It's stressing me out, what can I possibly do as she is not in my reach nor does she respond to my emails or messages. I even mailed her that if there is any document that I should provide, I would do that. It has been more than 5 years that we are separated. We don't have any children together and the lawyer whom I approached Indian court and filed for divorce stating that my wife has applied in the UK court for which Judge said that two places we cant apply and REJECTED MY DIVORCE petition. Please advise what I have to do to wrap up this case in India at the earliest as I have proofs from the UK court that she is not responding since a year now. What is the best solution to get the divorce done in India at the earliest? She is not responding to any communication as she lives in the UK and how soon can ex party be done if she is not responding.

( New Delhi, Delhi )

6 years ago

Reply

I agreed with hon'ble Mr. kishan sir. You can approach to court and present this facts for court consideration. if you already hire any lawyer then you should consult with properly or approach to vidhikarya lawyers for better advisory resolution.

Vidhikarya

Helpful

Dear Sir,
VALIDITY DIVORCE GIVEN BY FOREIGN COURT
NOT VALID AS HINDU LAW IS NOT IN EXISTENCE IN FOREIGN LAW……EXCEPTIONS

The key rule laid by the Supreme Court can be summed up as follows: If a couple is married under Hindu law, (a) the foreign court that grants divorce must be acceptable under Hindu law; and (b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law. The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce. The exceptions that Supreme Court has permitted to the above rule laid by it are as follows in a case where husband has filed for divorce in a foreign land: A) The wife must be domiciled and permanently resident of that foreign land AND the foreign court should decide the case based on Hindu Marriage Act. B) The wife voluntarily and effectively attends the court proceedings and contests the claim on grounds of divorce as permitted under Hindu Marriage Act. C) The wife consents to grant of divorce.