• Defend the divorce filed by my wife

I got married in India under Hindu Marriage act and my wife is Uk citizen and she was fine till she was travelling and was away from home where we kept meeting up at different occassions also she stayed with me in India and as she left Uk to travel around and later she went back home and in around 10-12 days she decided to divorce and sent me divorce papers from Uk and i ignored thinking that it was from just a private lawyer who is tricking her to get money as i read divorce cant be filled from Uk for marriage under Hindu Act but recently i got notice from Uk court for a hearing and i dont want this divorce to be accepted as she used me for financial support for her travelling and i dont want her to get away with this easily and as i sent the details to the court in Uk they said i have to appear for the hearing with not taking any detail in consideration and as i mentioned am in India they asked to hire a lawyer in Uk where they all adking for huge amount and still i found them to be unaware about Hindu Act Marriage law so what is best way i can stop her getting this divorce in Uk and how to challenge the court in Uk for wrong decision as its not right jurisdiction.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

21 Answers

Respected sir...

After going through the background of your case, it is quite evident that your wife wants to harass you someway or the other and it is quite possible she can initiate other legal proceedings against you. If you want to get rid of it then just settle and if you don't want to proceed at that summons just forgot that country they can not do anything against you ...It will be much better that you will file a divorce petition under section 13-A of HMA seeking divorce decree without mutual consent..And send summons to her ...The case will be run in india but there is one problem in it she can claim transportation allowance from you which will more expensive ...You have both the options available make your mind clear and go ahead...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Hello,

Divorce can only be filed in UK ON THE GROUNDS as mentioned in the Hindu Marriage Act. And divorce so granted after hearing the parties will be a valid divorce.

You may either appear through skype before the UK court or you may refuse to appear, if you dnt appear then ex parte divorce will not be valid India.

Note that by force of law you can not ask anyone to live with you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.The key rule laid by the Supreme Court as follows: If a couple is married under Hindu law, (a) the foreign court that grants divorce must be acceptable under Hindu law; and (b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law. The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce.It is not unusual for one of the partners to obtain a decree of divorce from a foreign court while the other partner is either in India or in some other part of the world. The partner who has obtained divorce may feel comfortable in the thought that the other partner has neither protested not contested the decree of divorce. However this comfort may be a false one.Hiring a UK lawyer is very expenseive

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 recognise 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.

So these six conditions are fulfilled by such foreign judgment/decree of divorce then it will be valid for dissolving such Indian marriage as has been held by the Supreme Court of India in several of its judgments.

Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.If you are not attend the UK court, the court will pass an exparty divorce. Ex-parte decree of Divorce granted by foreign Court will not be recognized by Indian Court.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

In other aspects if you file a case in India for restitution of conjugal rights the execution also difficult due to her citizenship of UK .

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

She being a UK citizen, the marriage registered in India under Hindu marriage act itself is actually void.

The solemnisation of marriage may be in any form and as per the traditions followed ninth society, but the registration of marriage between an Indian and a foreign citizen can be done only under the provisions of Special, marriage act, hence on that ground this marriage is void.

However, for you information, the divorce case for a marriage registered under Hindu marriage act can be done in a foreign country where they both or either of them live. There is no legal infirmity in it.

If you dont participate in the divorce proceedings in UK, then that court will set you exparte and an exparte divorce will be given to her.

However since the marriage was solemnised in India as per Hindu law, this exparte divorce is not valid in |India.

You can send her a notice seeking restitution of conjugal rights through your lawyer and file a case under section 9 of HMA.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Querist

If you are in India then no need to worry, the order of the UK court will not be valid in India, send a reply of that notice with the objection of jurisdiction and law because as per section 13 of CPC that order will not be valid.

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.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) You cam file in Indian court where your marriage was soleminzed in which city it has been performed you can file divorce in the same city.

2) As per Hindu Marriage Act, you can file for divorce in the same city where the marriage got soleminzed and foreign jurisdiction do not have much knowledge according to hind marriage act.

3)The Indian law is clear and there are Supreme Court judgements stating that for the marriages performed as per the Hindu Marriage Act, divorces cannot be granted in a foreign country.

4) Send notice via india court to her and try to file the case in Indian court here.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Well,file a divorce suit in INDIA.

2.Foreign divorce based on foreign law may not be valid in india if it is passed ex parte.

3. Let her come to India to defend the case filed by in India.

4. if you have no plan to travel to UK there is no need to get worried about the order of maintenance passed by UK court.

5. Soin other words there is no need to hire an advocate in UK and let the court decide ex parte

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Being an U.K citizen she can file the divorce petition in UK. But you can take the jurisdictional issue as primary issue before the U.K court. In case, if you are not appear before the UK court or contest the case then the court may pass an exparte decree of divorce.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Just do not participate in these pending divorce proceedings and let it be decided ex-parte, i.e, in your absence.

Ex-parte divorce obtained in foreign land is not valid in India and is not recognised by the Courts in India. Thus, even if she manages to obtain a divorce in UK, this will not be a valid divorce in India.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. How would the lawyers in UK be aware of Hindu Marriage Act? We in India do not know the divorce laws in UK.

2. If your wife is residing in UK then irrespective of the fact that her marriage took place in India and may have been registered under HMA she is at liberty to file the divorce petition in UK.

3. Engage a UK based lawyer to contest the divorce petition.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) send a application to UK court objecting to its jurisdiction as marriage was solemnised in India

2) divorce can be only on grounds recognised by hindu marriage act

3)if you do not participate in divorce proceedings divorce decree would not be valid in India

4) file petition under section 9 of HMA in India for RCR

5)seek stay of divorce proceedings in UK

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. The courts in UK, unlike India, will grant divorce even if you contest it, but do contest it.

2. She has not committed any crime, so there is no question of 'getting away with it'.

3. Apply to the court in UK for mediation.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Querist

You may file a RCR petition before the family court in your area and claim her return and live with you and send a copy of the same to that court that you are not willing to give her divorce even the UK court has no power for granting divorce as that court can not follow the law as Hindu Law by which the marriage was solemnized.

You may also file a criminal case against her for the offence of cheating and fraud as she want your money and not you.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) Apply for Mutual Consent Divorce in India. If you have completed 01 year to your marriage.

2) After applying for MCD in court, wait cooling period starts its is between 06 months to 18 months to take decision for divorce to court.

3) Meanwhile in wait cooling period your application is sent to counselor and you both have to contact counselor for further consent, here counselor will consult not to divorce and try to patch up in your marriage life in the 6 months. And ask you both to withdraw divorce applications.

Only this is the way to save your marriage life.

Counselor plays here very important role.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can file petition for RCR in India and seek stay of divorce proceedings in Uk

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Whether she gets divorce in UK or not it is not binding on you since exparte divorce granted in UK is not valid in India.

You can file a restitution of conjugal rights case in India and send summons to her place.

If you are in India and she in UK then she cannot enforce the decree granted in UK

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If you do not want her to divorce you this easily, you have the only option to contest the case filed by her in UK.

Contact a local lawyer in UK to represent you in the divorce case instituted by your wife.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Marriage solemnized in india has to be dissolved in india and if parties submit to the jurisdiction of the foreign court and the foreign court after having applied the marriage law of india can proceed to hear and dissolve the marriage.

2. If you didn't appear, then it will be heard on one side and decided exparte. That is not a valid divorce unless you submit to their jurisdiction. Challenge the decree in india by obtaining the copy of the decree.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hello,

if you do not want her to get a divorce then you will have to appear before the court in UK and defend the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You need to contact Indian Embassy in UK to help you for the same. You can also represent your case in person before court.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer