Since the marriage happened in UK under laws of UK (please if it was according to hindu custom then there will be different situation) then the divorce has to be challanged before the UK court and appeal has to be filed.

Further you can file a criminal case on your husband in the UK court for lying and giving false affidavit before uk court.

Now as per indian jurisdiction on marriage marriage has To be solemnised on hindu custom and if it is so the divorce has to be validated in India and uncontested divorce are not valid in India

Now so far as your course of action in India is you can file a criminal case in husband under 498a cheating and breach of trust and domestic violence along with that you can file for maintenance under section 125 crpc for you and your daughter by this only there is chance he can brought back to india.

Further the best course of action would be before UK court.

The exparte divorce he obtained in UK is not valid in India, he cannot validate the same in India.

He cannot marry another girl in India, in fact you can file plenty of cases agaisnt him in India including restitution of conjugal rights case and dowry harassment case along with domestic violence case.

If you are in India, you may start filing the cases one by one against him, so that when he comes next time to India, he can be trapped, his passport can be ordered to be kept in court custody till the time of disposal of all the criminal cases against him.

Yes you can't file a dowry case but you can file a.domestic violence and cruelty case as he has vide his actioms subject mental cruelty and harassed you.

Also if married under uk law you have to contest divorce before uk court and complaint for lying before court giving false evidence has to be filed there has uk court have valid jurisdiction . You have to contest divorce decree there otherwise it will be considered valid as of now uncontested by you and at proper jurisdiction it is valid. So file an appeal challenging divorce before the uk court.

Then the divorce won't be deemed valid in India file these cases and file a RCR restitution of.conjugal rights petition before the family court.

Also the uncontested divorce before uk court is not valid in India so in case husband remarries a case further of bigamy can be filed. And also file a 125 crpc maintaince for you and your daughter before magistrate.

Since he had lived hre in India with you for a few months, that is enough to file a DV case in India.

Moreover dowry demand can be made over phone too and since he was here and went back, but he kept demanding the same to take you back otherwise he would divorce you and that has finally happened by filing a divorce case in UK.

All these are strong grounds for DV case and cruelties case under section 498A

Sorry marriage was done in india

Wherever the marriage took place, you both have lived here in India and all these episodes took place in India also, hence you can file the DV case and also the 498a criminal complaint with local police

As he has lived in Court you can't challenge that decree in India and stop validating that divorce in India. Any decree operated due to fraud is not legal. Yiu can produce the order and nullify the said decree in form of invalidation in Indian court.

As the divorce has happened in UK, file an appeal challenging the divorce decree and the show all documents of the child, if required tell court to seek medical reports of your husband being biological father of your child.

Divorce decree passed by UK court would not be valid in India as you did not participate in divorce proceedings in UK

2) file petition for RCR inindia seek maintenance from husband for yourself and child

3) also seek orders to set aside UK divorce decree

4) in the alternative file appeal against divorce decree in UK

Since marriage was solemnised in India divorce decree ought to have been passed by Indian courts

2) if both parties participate in UK divorce proceedings divorce decree passed by court in UK woukd be valid in India

3) you ought to have objected to jurisdiction of UK courts

4) you can file appeal against divorce decree in UK

1. A granted in abroad ex parte or on a ground which is not recognised in India is not valid in India.

2. So if you do not submit yourself to the jurisdiction of the UK Court, the decree if passed therein would not be binding on you.

3. You can though file case for marital violence in India if you were subjected to physical and mental cutlery.

4. Since the marriage has broken irretrievably it is better to dissolve the marriage amicably.

Dear Madam,

The major episodes were taken place in UK and the jurisdiction will lie there. Why you are behind him. Accept his divorce and marry any guy in India lead your peaceful life. Or remain as single mother and lead happy life. The validity of that divorce decree can be challenged there only. He will be definitely punished and you will be compensated. Take a wise decision.

The divorce from UK should be ratified in India by the family court as you are Indian national and marriage was solemnised in India.

You need to challenge the divorce decree in UK in the petition and claim the maintenance for self and the child.

If this marriage was solemnised in India, then you need not worry because the UK divorce is having no recognition in India and for all the purposes, you two will be deemed to be married in India.

I will advise you to file a petition seeking monthly maintenance for yourself and your daughter, here in India.

Also, move a petition for restitution of conjugal rights against your marriage.

If you want, you may also move a complaint under the Domestic Violence Act.

""Sorry marriage was done in india""

OK

Dear Client,

Decree obtained by fraud not valid in Indian. Read Sec 13 & 14 of Code of Civil Procedure,

Challenge the same in local district court.

Also read sec 44 of CPC.

hello,

no its not valid its invalid .you can challenge UK divorce in indian court.because such judgements of forieng courts are contarary to indian law and cannot be enforced in India.

Hi,

The ex-parte decree can be set aside and you may get fair chances of trial and winning the case in UK.

Dear Querist

the Divorce filed by him before the UK court who granted the divorce is not valid in India as per section 13 of CPC.

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.

File a civil suit for the declaration before the family court for declaring this divorce as Null & Void as per the above section.

Apart from the above, you may also file a maintenance case against him before the family court and claim maintenance for the child and if you are unable to maintain yourself then for yourself too under section 125 of Criminal Procedure Code-1973.

Feel Free to Call