• How to get divorce and alimony if spouse is British citizen

Hi Sir/Madame,
I am from Kerala. My spouse is also from Kerala but he got British citizenship in 2015.we have a 4 year old daughter.I decided to divorce him since I found out he cheated me with another woman with whom he has a daughter.1st we thought of mutual divorce but it been 2 years they hadn't given me back the dowry which in numbers 75 lakhs. But we gave them in hand before marriage in 2012.we don't have any bank proof for that.so I thought filing for compensation. Is it possible to get alimony from him because he is a British citizen.I once heard he draw salary around 3 lakhs and own a house that I assume it cost 340000 pounds.he father is got many properties here and also lots if liquid money with him.they have a 2nd hand Benz, Volkswagen jetta nano car at home.they are well settled.I live with my parents and my brother and family also here.our current financial situation is bad and I don't have any job.
Asked 5 years ago in Family Law
Religion: Christian

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18 Answers

Filing a divorce petition and getting a decree on exparte divorce along with the decree of maintenance and alimony the court have right to collect the amount as land revenue from the property of the dependent.

In case where the dependent is a UK citizen but have interest in the properties in India will be responsible to pay.

The divorce is valid in Indian soil only as both of you are Indian and Marriage took place in India.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. If the wife has no independent source of income making her incapable of maintaining herself and the child. the husband is bound to maintain her and the child.

2.There is thumb rule of 1/3-1/4th of average monthly income of husband to be earmarked for maintenance of the dependent wife and child.

3.So seek such maintenance you can file such case under PWDV Act .In the said case you can claim return of stridhan articles as well.

4. For return of dowry amount you can file criminal case under Dowry Prohibition Act and 498Aipc.

5. It does not matter at all whether he is national of a foreign country.

Devajyoti Barman
Advocate, Kolkata
22526 Answers
436 Consultations

5.0 on 5.0

1) file for divorce on grounds of cruelty

2) seek custody of your daughter

3) seek alimony from your husband

4) if your husband does not contest you can get exparte decree

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
91278 Answers
6807 Consultations

5.0 on 5.0

Hello,

Since he had the Indian citizenship earlier therefore you can file a case. File a FIR of harassment and stridhan against him and his family members.

Once you will file an FIR he will himself come to you to pay the alimony. Also you can file case for maintainance.

Regards

Anilesh Tewari
Advocate, New Delhi
18043 Answers
377 Consultations

5.0 on 5.0

Certainly you can ask for child's maintenance also. Besides divorce.

If you have proof that he is married and has one child. Then you can sue him for cheating criminal case bigamy. You can file divorce case on the grounds of cruelty n desertion and get alimony as per your spouse status.

Anita Hiranandani
Advocate, Mumbai
11 Answers
1 Consultation

4.8 on 5.0

Your husband alone can be held liable for maintenance. He is in Britain and shall avoid Indian court summons. File a 498a, domestic violence and 125 criminal case. File a cheating against him. Take a local lawyer's help.

Rajaganapathy Ganesan
Advocate, Chennai
2111 Answers
8 Consultations

4.9 on 5.0

As the Marriage was solemnized in India a decree of divorce can only be granted by an Indian court .If your husband obtains a divorce decree from a foreign court,it will not be valid in India.

You are entitled to seek maintenance from your husband for yourself and your child.It is the duty of the husband to maintain his wife.

File a case for dowry and rely upon all the other information you have in your possession to substantiate your case.It is not necessary to use bank statements to prove a charge of Dowry.However you must have some evidence to back your assertions in court.

File for divorce in India on the grounds of desertion and adultery.

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

1) Two things went wrong as per your statement stated above, firstly to give and take dowry is a crime.

2) Secondly with mutual consent divorce, means the terms and condition you must have signed on it.

3) Still you need a compensation in the way of alimony, so we can do need full. Please contact me for details further procedure.

Ganesh Kadam
Advocate, Pune
12734 Answers
225 Consultations

4.9 on 5.0

Dear Query Raiser,

Please let me know where your husband is settled now is he still in kerala then file a DV case against him and his family and seek maintenance and alimony. Also you may seek your part in his property,

Arun V S
Advocate, Jaipur
64 Answers

4.0 on 5.0

Dear Querist

based on the cruelty and fraud/cheating you may file a divorce case against him before the Court as per Indian Divorce Act and you may also get alimony from him if you are not able to maintain yourself and for your child he is bound to pay the maintenance as per section 125 of Criminal Procedure Code-1973, you may also file a domestic violence case against him before the magistrate court under section 12 of the Protection of Women from Domestic Violence Act-2005 and claim protection, right to residence, maintenance, child custody and compensation under section 18,19,20,21 & 22 of the Act.

apart from the above in the Domestic Violence case you may also claim your articles/istridhan too.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6251 Answers
302 Consultations

4.9 on 5.0

Apply for a divorce in Kerala itself.

Seek interim maintenance and also claim all such sum which your father spent in the marriage or present your husband and in-laws as gift/dowry.

Vibhanshu Srivastava
Advocate, Lucknow
9457 Answers
273 Consultations

5.0 on 5.0

Instead of issuing legal notices and getting reply from him, start below steps.

1. File a FIR on the grounds of dowry harassment / cheating / adultery case against your spouse. In case, police refuse to file FIR then approach lawyer to take your complaint to court.

2. File maintenance case u/s 125 CrPC with your jurisdictional court.

3. Make sure the FIR and court summon details reaches him through email / whatsapp / indian embassy in UK. Also to his permanent residence.

4. You also can publish court notice/summon in a newspaper. If your spouse does not answer in the legal time period specified by the court.

You may get back to me, if you need any more help.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

hi, yes you can file maintainance application under 125 crpc here in india..

Hemant Chaudhary
Advocate, Gurgaon
4629 Answers
67 Consultations

4.9 on 5.0

1. You are free to file a case for maintenance against him in India but it will be an uphill task to serve the summons on him and bring him to the court in India as he is not an Indian citizen now. To serve summons on a person resident outside India, more so who is not an Indian citizen anymore, is mighty difficult. Be that as it ,you are free to seek maintenance for yourself and daughter.

2. You can also file a petition for divorce against him on the ground of cruelty in India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You need to file divorce petition on the ground of mental and physical cruelty in India against him with the help of any local good advocate. Alongwith you can file maintenance petition against him.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If he is not agreeing for mutual consent divorce, you may file a contested divorce case against him on the grounds of adultery and his concubine may be added as second respondent.

For alimony, you can file a petition separately after the marriage is dissolved by a decree of divorce under provisions of Indian divorce act.

You can file a DV case under which you can claim compensation towards the money given to him before marriage.

His father's properties cannot be claimed.

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

File a divorce case in family court and seek ailmony onetime or monthly. You can file application for maintenance under section 125 crpc. You can also file maintenance under Protection of woman from domestic violence Act. You can compel his presence her through British Embassy in India as well as serve him summons through British Embassy.

Prashant Nayak
Advocate, Mumbai
29605 Answers
122 Consultations

4.1 on 5.0

Hi, since the marriage was solemnised in here in India, you may file the suitable cases for maintenance as well as divorce here itself. Your husband will be coming and replying those cases.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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