1)if your wife participates in divorce proceedings in UK your divorce decree would be valid in India

2) best option is to file for divorce by mutual consent in India

3) it takes around 6 months

4) not necessary to file for divorce in UK and in India

if the divorce is filed in UK on the grounds that are there in the Hindu Marriage Act then the same ill be valid in India.

If the same is taken by mutual consent then also the same will be valid in India.

Ex parte order passed in UK will not be valid in India.

You must file a divorce in India at the place where the marriage took place or at the place where the wife is residing or where you two last resided together.

Also please see that if you two agree for mutual consent divorce, then that ill be the most convenient way of separation.

Regards

The divorce obtained by you in UK will not be recognised in Indian when:-

a. the same is an exparte divorce.

b. the same is obtained on a ground which is not provided for/recognised under the Hindu Marriage Act, for ex., Irretrievable breakdown of marriage.

You do not have to file a divorce at both the places. If your wife too in in UK, divorce may be preferred by you in UK itself. Press your divorce on a ground which is recognised under the Hindu Marriage Act.

Hi, it is advisable that you file divorce in UK itself .. The divorce granted by UK court is Valid here in India too... The reason why i am suggesting you to file for divorce in UK is because law is more lenient there as compared to India where it is very difficult to obtain divorce on contested grounds ...

Dear Client,

Judgement of foreigner court is valid until it violates few conditions,

where it has not been pronounced by a Court of competent jurisdiction, not been given on the merits of the case,

appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law, judgment obtained opposed to natural justice,obtained by fraud,

You have to file separate divorce petition in UK and India. The Divorce of UK will not be recognised in India. Both are different. Obtaining divorce in UK is easy comparing to India. In India obtaining divorce under Hindu Law is very rigid and complicated. Hence, my advise is to arrive an one time settlement amount (Lumpsum Amount). Pay 1/4 of that amount in UK and get divorce there and pay 3/4 of the agreed amount in India and get divorce in India. This is permanent solution. At the time of drafting Memorandum of compromise, you consult me. I will guide you. You have to mention all aspects of permanent alimony, not to file any criminal cases such as 498a of IPC, Sec. 3 and 4 of Dowry Prohibition Act. Domestic Violence, child custody etc.

Hi,

You may file divorce petition in UK itself but even in case of divorce is allowed by the UK court you need to file a divorce petition in India in the family court and need to get it rectified here.

Maintenance amount and alimony will be decided by the court here in India.

Yes , you can file the divorce petition in UK. Though the marriage happened in India, being an UK citizen you can file the divorce petition there where the jurisdiction of the court is situated. You need not file the divorce petition both in India and UK. If she is presently residing in India you can file the same before the Indian Court.

Is your wife citizen of UK?

As per indian laws, if marriage was solemnised in India, the divorce petition shall be maintainable in India only. You need to file petition in India only and it will be applicable everywhere.

Dear Kunal

If both of you are ready to dissolve this marriage by way of mutual consent then you both may file a divorce before the UK court based on mutual consent and that divorce will be valid all over the world but if there is contested divorce then the divorce granted by the UK court will not be valid in India as per section 13 of Civil procedure Code-1908, as in UK, the ground of divorce is different as mentioned in section 13 of Hindu marriage Act-1955, if both of you are Hindu.

13. When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

Feel Free to Call

you can file a case for divorce in UK it is recognisable in India as well. no need to file two case one in UK and one in India.

For filing divorce in India, you should have completed one year from the date of marriage.

The grounds for divorce shall be cruelty or adultery or non-consummation of marriage due to her impotency etc.

The divorce proceedings in India may prolong for three years or more to get disposed.

For divorce in India, you may have to be present before court on each and every hearing or you can be represented by a power of attorney agent appointed by you and in that case you may have to be present before the court during the time of giving evidence from your side and also for cross examination.

The divorce case to be filed in UK need not undergo the above said strenuous procedures.

The divorce granted in UK is recognised as valid divorce provided she had participated and it was a contested divorce or a divorce by mutual consent.

An exparte divorce in UK is not valid in India.

You can file for anullment of marriage on account of impotency of wife

2) you can file for anullment of marriage on grounds of fraud if wife has suppressed material facts at time of marriage or was forced to marry against your wishes

Without any valid reasons you cannot get your marriage annulled.

The reasons for annulment of your marriage should be strong enough and in accordance wit the provisions of law.

Although the grounds for seeking an annulment differ, as can factors that may disqualify a person for an annulment, common grounds for annulment include the following:

Marriage between close relatives. ...

Mental incapacity. ...

Underage marriage. ...

Duress. ...

Fraud. ...

Bigamy.

To get an annulment, you'll have to prove your marriage is "voidable," meaning it was valid, but should be nullified (voided or canceled) based on one of the following grounds: unsound mind--one spouse lacked the ability to give consent due to a mental impairment or the influence of drugs or alcohol.

The provisions of section 12 of Hindu Marriage act under which a petition can be foiled for seeking annulment of marriage is given below:

Section 12 in The Hindu Marriage Act, 1955

12 Voidable marriages .—

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if—

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied—

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 15 [the said ground].

(i) Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage. Marriage founded on fraud from very inception is a nullity; Sunder Lal Soni v. Smt. Namita Jain, AIR 2006 MP 51.

(ii) Misrepresentation as to the age of the bridegroom made to the mother who acted as an agent and the daughter consented for the marriage believing the statement to be true. It was held that the consent was vitiated by fraud; Babui Panmate v. Ram Agya Singh, AIR 1968 Pat 190.

Annulment is possible only if certain possibilities exits, like Already living spouse, under prohibited relationship, sapindas of each other

1. Since your wife is an Indian citizen and the marriage was solemnized in India the courts in India assume the jurisdiction to hear the divorce petition.

2. The decree of divorce passed by a court in UK will be valid in India unless it is declared by a competent court in India to be not binding on your wife.

3. If the decree of divorce is granted by a court in India then your wife cannot go back and assail it in UK.

4. Better file the petition in India.

Annulment operates in a very narrow sphere compared to divorce. To get annulment you have to prove that marriage has not been consummated or your consent to marriage was induced through misrepresentation, which in the absence of affirmative evidence is ordinarily impossible to prove.

Annulment cases filed on the grounds of force, confinement and on fraud medical grounds.

You may not.

There is no ground for filing a petition for nullity of Marriage, only divorce can be filed in your case.

Regards