• Divorce

Hi, my name is VISHAL, i married in 2009 , in 2010 we went to England together, she was student, we had 2 years visa so after we leave there ilegaly , i have 2 girls born there in 2010 and 2016, 
in 2016 UK EMBASSY sent me legal letter to leave country so i left UK alone because my wife refused to come back with me, now she has applied ASYLUM file to remain in uk forever, she is not coming back to INDIA forever, can i apply divorc file in INDIA, i have proof that she applied in UK for remain there, i have document with reference number that showing she applied to remain in uk, her file processing is running at the movement in uk embassy, i still want to live with her if she come back but she refused to come back, can i get divorce now and custody of my child, if possible how can i give her notice, then what i have to do, because she can't come back for hearing in court,
is there any way to call back her in INDIA..?
Asked 7 years ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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8 Answers

1) you can file for divorce on grounds of mental cruelty

2) wife rfusing to stay with husband amounts to mental crulety

3) since your daughters are very young you would not be awarded custody of your children

4)summons to attend court will be sent at her address in UK

5) if wife does not attend court or engage a lawyer in india you would be awarded exparte divorce

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

If you want to live with her then file a RCR petition. Notice will send her in her UK address. It is only an experimental one; if she intends to live with you then she will come. If she does not respond or not attend the court then you file a Divorce petition. You can get exparty divorce. You can solemnize second marriage after expiry of 90 days from the decree date.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. yes, you can file suit for divorce on the ground of desertion and mental cruelty.

2.For custody you will have to file separate suit for the same.

3. if you do not want divorce then you can file suit for restitution of conjugal rights.

4.If she does not attend court hearing in india then you will get ex parte order of divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

yes, you can divorce on the ground of desertion because by seeking asylum it shows that she refuses your union. 2 years desertion rule will not apply in this case. you can take custody of the child on the ground that according to Hindu grardianship act, father is the legal guardian of the child. however your younger child is less than 5 years old but you can take her custody on the ground that it is welfare of the child to bring and brought up in India according to Hindu rites.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Querist

you may file a divorce petition based on cruelty and refusal to return to india and join your company and non cohabitation U/s 13(1)(ia) of Hindu Marriage Act-1955

You may also file a petition for child custody but because both are the daughters and below the age of seven years hence the custody of children is not possible easily but you can get the visitation but visitation will not work for you.

after filing the divorce if she is ready to return to India and willing to live with you then withdraw your divorce case and live with her happily.

there is no specific rule in Indian law by which court forced her to return to India and live with you

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0


You can file divorce in India and RCR to restore your marriage, however she will not be forced to join you.

She opted for asylum is a solid reason as it will come under cruelty and if it is on completion of two years attract desertion as well

If your wife decided to stay away from marriage it is advisable you for divorce

In your case an ex -parti divorce can be obtained if your wife is not turning up in court

If your daughter's small and with her , then Indian court has no jurisdiction as the custody can be initiated in the place where kids presently resides.

Again it depends on the age and other circumstances of the case you get custody

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. It is evident that you were directed by the UK authorities t leave that Country which you did not leave of your own.

2. The fact that she does not want to come back with you to India has been established by the fact that she has sought asylum in that country which has sent you back to India.

3. You can file a divorce suit in India immediately on the ground of cruelty or after completion of 2 years of your coming back to India on the ground of desertion since divorce suit on the ground of desertion can be filed after completion of two years of such desertion.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You can file divorce case against her on the grounds of desertion and cruelty

The process for asylum at UK by her shall be a good evidence for proving her intention to abandon her matrimonial home with a intention to desert you.

As far as child custody case, you can file it here but without the children living in India, you cannot execute the decree even if you get one in your favor.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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