This is in regards with the marriage between a UK citizen ( woman) and Indian citizen (man) .
They got married in a Church in Hyderabad in December 2008. After a brief stay and honeymoon, the wife left for UK and they both have visited each other for anniversaries and birthdays. Finally, after a long wait , the husband joined his wife in June 2011 in UK within two months of staying together, there were too many differences between the both of them and the husband was made to leave his wife's residence in UK in August 2011 and stayed at a relatives place with a hope of reconciliation. However, things went so bad that the wife informed the UK police that he was missing though she knew where he was staying. Of course , six months of time was over and by mid February 2012 he was back to India. The wife came to her hometown in Andhra Pradesh( she became UK citizen in 2002) and the husband was trying to reconcile but in vain. She filed a petition for divorce on cases of adultery, dowry harassment and cruelty in April 2012 in her hometown district of Andhra Pradesh. It's such a sad thing that the petition got rejected after 5 years that is in January 2017 on the grounds of Jurisdiction and also striked out case of cruelty , adultery and dowry harassment as there was no evidence. In February, the wife filed a divorce petition in UK and the husband received an Acknowledgement form( The husband wants to close this case as well and is desperate to get divorced) . Now the questions are as follows:
1) The petition is on the grounds that the husband and wife didn't stay together after August 2011 in UK. And it has been 5 + years as per UK law. And there fore the court has jurisdiction to declare a divorce. The husband also stated in the acknowledgement form that he doesn't wish to contest and agrees to
court jurisdiction. Now, it will take 3 to 4 months for decree absolute which will declare them divorced. My question is, will this divorce be valid in India because the respondent here ( husband) has also consented for divorce and is not contesting the case?
2)And if it is not valid, what should the husband so to obtain the divorce. Because, when the husband filed the case here in India( Hyderabad) on grounds of desertion stating in his petition that the wife has already filed for a petition there, the judge has dismissed the petition questioning why he was filing it here when she already filed it there and stated that the husband looks like he wants to harass his wife. Also, while dismissing should the judge give it in writing? ( Not sure what happened there as the lawyer seems to be very inefficient in advising and delivering the information as well but it's true that the judge rejected the petition. We were of the impression that the divorce in UK won't be valid in India. And that's why we should file one here.)
3) How do we get back the original docs we submitted in the court.
Please advise. Thank you.
Asked 8 years ago in Family Law
Religion: Christian
Thank you for your response.
I don't think she will file another petition here in Indian court questioning the validity of the judgment of the UK court as she is a UK citizen to begin with. However, even if she does, wouldn't the petition be denied on the grounds that she willfully started a petition in UK and she herself stated in the petition that the marriage has irretrievably broken down as they have not lived together as husband and wife since August 2011.
About, filing a petition here in India as per section 7 of family court, how long would it take for this to happen. Can we do it simultaneously here when she is filing for divorce there or will it be better to wait for us to await for the decree absolute and then proceed.
Asked 8 years ago
