• Divorce to wife due to cruelty and misbehaviour

I an Indian boy married to an Indian girl as per hindu rituals in India about 10 ago. For the last 8 years we are out of India. Now we are permanent residents of UK and have no plan to return to India. Have 2 kids (son 7 yrs daughter 5 years), wife a housewife.

Just after 1 year of marriage our relations started deteriorating due to my wife's querrelsome and highly volatile nature. I have tried my best to bring her on right way and lead a peaceful life; but all in vain. Her parents in India always blame me and my parents. Now my life has become a hell and I want to seek a divorce. She is very cruel to my little children and often thrash them mercilessly. Her parent in India often threaten my old parents in India to lodge a f.i.r for dowry demands and other false allegations. My questions are as under:

1. Can girls parents in India lodge a f.i.r or any other complaint against me or my parents or married sister in India making false allegations including dowry etc.

2. Can I take a divorce in UK (being permanent resident of this country). If this divorce is granted, will it be valid in India. Can it be challenged in any Indian court. I have not visited India for last 8 years (except 30 days, 2 years back).

Kindly help me I need your expert advice.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) girl parents can file FIR against you , your family members for dowry harassment

2) you can file for divorce in U.K.

3) of your wife participates in divorce proceedings in U.K. Divorce decree would be valid in India

4) if wife does not participate in divorce proceedings in U.K. Divorce decree would not be valid in India

5) for divorce decree to be valid it has to be on grounds recognised by Hindu marriage act

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. yes ,your wife through herself or her parents can file case agaisnt you and your family members alleging dowry harassment and torture in India.

2. The ex parte divorce granted by UK would be valid in india only if the ground on which the divorce is allowed is a valid ground for divorce in india as well.

Since there is hardly any chance of similarity of ground it is better of you file suit for divorce in India only.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. The FIR can be lodged in India only by your wife, not in-laws. If and when a FIR gets registered in India then apply for and obtain anticipatory bail. 80% of battle is won the moment the AB is obtained.

2. You are free to apply for dissolution of marriage in UK in accordance with UK Law. The decree of divorce granted by a court in UK can be impeached in India by your wife only if she does not participate in the proceedings and the decree is passed on a ground not recognized by the Indian law.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Can girls parents in India lodge a f.i.r or any other complaint against me or my parents or married sister in India making false allegations including dowry etc.

They cannot lodge any complaint on behalf of their daughter against your parents.

Your wife also cannot file a dowry demand case with Indian police if the incidents are reported to have taken place in a foreign country.

2. You can file a contested divorce in UK and the divorce so granted is valid and cannot be challenged in India if she had participated in the divorce proceedings in UK. Only an exparte divorce granted in UK may not be valid as per Indian laws.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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