• Need few information regarding divorce law.

Hello all,
 My name is Shristhi kumari and i am from dhanbad.I got married at dhanbad in 2011 .after 3 years of marriage we (me and my husband) shifted to kuwaitt ,when my husband got a job in kuwaitt.everything was fine untill his behaviour changed and he is willing to take divorce against my will.As of now i have come to india and he has filled divorce against my will in kuwaitt.so my query was that is it possible that he can obtain divorce without my consent ,if yes then will it be valid in india.Help me as im living on my own these days along with my five year old daughter.my husband says he has filled the case in kuwait court and would easily get the divorce
Asked 4 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

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15 Answers

divorce decree passed in Kuwait would not be valid in india if you do not participate in divorce proceedings in Kuwait

2) file petition for RCR in India seek stay of divorce proceedings in Kuwait

3) seek maintenance for your self and child

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

very good, on the basis of his such statement, file a restitution of conjugal rights case immediately and also a maintenance case for yourself and your daughter, sweetly ask him for his case details and get hold of the court details, send that court your details of documents as in the cases filed , it will be a major set back for him

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Even if he obtains a one-sided divorce in Kuwait, one which is without your will, the same will have no validity in India.

He cannot unilaterally divorce you.

You need not worry.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

The divorce without your consent in Kuwait is not valid in India. The foreign divorce is valid only if obtained by mutual consent.

You can file for your and your daughters maintenance in court and sent the notice to the husband of same.

Also you can send a letter to the kuwait court if you know where he has filed case or to the department of justice there stating the facts that this is not valid in Indain law and your husband is taking divorce without your consent .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

If the divorce is obtained without your presence then the same will not be a valid divorce in India.

You can file a case against him for harassment and can also claim maintenance from him.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) No !!! foreign court divorce decree won't be valid in India. You can apply for divorce and alimony in Indian court for your justice.

The Indian courts do not recognize the decree passed by the foreign courts if the decree so made is inconclusive under Section 13 of the Civil Procedure Code, 1908.[2]

This means that the decree:

a) Is not pronounced by a Court of competent jurisdiction.

b) Has not been given on the merits of the case.

c) Appears in 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) Was obtained opposed to the principles of natural justice.

e) Has been obtained by fraud.

f) Sustains a claim founded on a breach of any law in force in India.

A decree passed by a foreign court may be challenged and declared null and void in an Indian court on the basis of the above conditions.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Client,

Decree of Foreign court is valid except -

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.

But it is always open to be challenge in India, At present all u need to file FIR u/s 498a IPC. Case under domestic violence act and right to maintenance

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

We have to see on what grounds the said court in Kuwait entertaining the petition of divorce in marriage solemnised in India. You can file your affidavit in Kuwait embassy with the help of Indian Embassy. You can also contact external affairs ministry for help in the is regard. The validity of divorce of Kuwait court depends on what grounds it is entertaining the same. You may file a affidavit in the said case once u receive notice of the same stating that the said court doesn't have jurisdiction for the same as the marriage is solemnised and registered in India.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Marriage solemnized in india has to be dissolved only in accordance with marriage laws in which the marriage was solemnized. Kuwait shall not recognize hindu marriage and they may need an interpreter as well. Moreover, don't respond to any notice which you receive from kuwait.

I can offer you a good advice as to how you need to handle this issue.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

A foreign court decree is recognised in India if it is in consonance with Indian Laws. There are grounds in Hindu Marriage Act which enable a spouse to go for a divorce. Further respondent should voluntarily participate in the proceedings.

Apparently no ground exists which would justify the path chosen by your husband. Don't participate in divorce proceedings if you are summoned by any foreign court.

File an application in family court , where you are living now , for maintenance allowance for self and daughter immediately. Also file an Anti Injunction Suit to restrain your husband from filing any petition in Kuwait

.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

Dear Madam,

You may consider following issues during your divorce also visit the following link.

"There is a definite and alarming increase in the rate of divorce in India, especially in Mumbai, Delhi, Bangalore and Pune. In Delhi, less than five judges handled divorce cases in 2005. Now, more than 15 judges handle such cases. The courts looking after divorce matters are extremely burdened with work," says Osama Suhail, associate partner, ANZ Lawz, a New Delhi-based law firm.

What should be done if marriage counsellors too fail to convince the husband and wife to patch up? To start afresh, many choose to settle through a mutual-consent divorce.

"Many couples realise that mutual divorce is the best option. This makes divorce less stressful by saving time, effort and money. By avoiding long litigation, couples can move on with their lives just after six months of filing for divorce," says Siddhartha Shah of Siddhartha Shah & Associates, a Mumbai-based law firm which specialises in divorce.

Divorce, an unexpected milestone in a person's life, has a huge impact on the finances of those involved. "In mutual divorce, the husband and wife settle the financial separation aspects on terms that are acceptable to both. The mode and details of the settlement are in their own hands. A divorce settlement can include any or no asset and money. In the court, the partners just have to reaffirm the agreement," says Suhail.

https://www.businesstoday.in/moneytoday/cover-story/how-to-plan-your-finances-when-getting-a-divorce/story/192717.html

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If your marriage was solemnised in india, then it is necessary to obtain a decree from India. You can file the maintenance petition for you and your children in court of law against him with the help of any local good advocate

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hi, you need to defend the case and you may be granted alimony and maintenance. Better, you hire/engage an advocate and defend the case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Querist

He may file the divorce case in any court of World and if that court grant divorce to him that divorce decree will not be valid in India until you accept the same.

as per section 13 that judgement 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.

Hence no need to worry, if there is any violence against you committed by him then you may file a domestic violence case against him before the magistrate court and claim protection, right to residence, maintenance, child custody and compensation as per section 18,19,20,21 & 22 of the Protection of Women From Domestic Violence Act-2005.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Getting divorce in Kuwait may be easy and cost and time effective.

But the exparte divorce decree without your participation in the divorce proceedings will not be recognised in India.

In fact exparte divorce decree granted by a foreign court for the marriage solemnised as per Hindu marriage act is not valid, hence her may have to apply once again in India

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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