1) you can file for divorce in U.K.
2) but if your husband does not participate in divorce proceedings then divorce decree would not be valid in India but would be valid in U.K.
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How can I get divorce in UK from my husband in India
I am in uk citizens. My husband back in india 18th june 2012. He is deported. I got uk remain in legacy case. Now i want divorce. He no agree. But i want must be divorce. Reson i no want to go india to fill paper there.i want divorce here.if possible any law one sided divorce here.
Asked 7 years ago in Family Law
Religion: Sikh
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7 Answers
How can i get divorce from my husband. He is in india .i am in uk.
Asked 7 years ago
I want one sided divorce
Asked 7 years ago
Hi, you have to file a divorce petition in India Only. Suppose if you filed a petition in the U.K it has no legal sanctity in the eyes of the law in India.
2. So, file a petition for divorce in India as you could not travel to India frequently so you can appoint your sister or brother or father as your lawful attorney, executing GPA, on the basis of that, your GPA holder can file a petition in India and they will take care of the day to day matter.
Being a resident of UK now you can apply for divorce in UK also.
The court in UK in absence of your husband can grant one sided divorce.
However do note that the decree of divorce granted in UK is not valid in India if your husband dispute it.
So if in near future if you have no plans to come back to India, you can apply for divorce in UK.
1. You shall have to file a divorce suit on some acceptable ground as per Indian Law. there is no scope for no-fault divorce in India.
2. You can get a divorce suit drafted by an Indian lawyer nd sent to you which you shall have to get notarised before the appropriate officer of local Indian consulate and send it back to ndia for filing the same before the Indian Court.
3. You shall have to appear before the Court during submission of your evidence.
4. You can not get a decree of divorce from India without appearing before vthe Court even for once.
You can negotiate with your husband and jointly file a mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date of its filing.
2. However, in case of MCD also you shall have to come to India twice, i.e once while filing and then on the final day called the day of the 2nd motion.
There is no one sided divorce or no-fault divorce as per India law.
If you are residing in UK and are a UK citizen then you are free to apply for dissolution of marriage in UK under the law in existence there. The decree of divorce passed by the UK court shall be valid in India.
