• UK divorce with fraud is valid in India?

Hello there, I got married to a guy in uk who was on student visa at that time. I went to uk after 4 months of our marriage. I worked there, we bought a property on joint name and had a daughter after 4 yrs of our marriage. Due to some complications in pregnancy and some financial debts on my husband's head I gave birth to my daughter in india so he can give two bed rooms of the property on rent. Meanwhile I lost my job and he was unable to manage his finances. Though having return tickets for UK, he forced me to work if I wanted to join him in UK, n realised that he is having vievering mind. He started fighting over the phone n started extra marital affair. Later he came to India and filed a divorce without even informing me. N went back to uk. After that he went back to uk n found him broken financially. He realised his mistake n all of sudden decided to settle down in india. When he came and we found him much disturbed consulted a psychiatrist in india and diagnosed with schizophrenia. He went back to uk. Meanwhile he got PR in uk. After one year again he felt he needs family n came back to India. Lived with me and my daughter for one and half month.again went back to uk. Once was missing in UK that I was informed by his father n contacted uk police n informed about his mental condition. Later on was admitted in asylum for one month. All of sudden he filed divorce in uk n I got letter from uk court in which he claimed he is not having any child from this marriage n not li ed with me since last two years!!! I thought uk divorce will never be legal in india and just ignored court's notice after sometime I got a letter from uk court that we are divorced. I just want to know how can I fight with it? N he will be punished for lieing to court not having any child. I have every documents with regards to my daughter n dome reports done in uk during my pregnancy. Please guide me.
Asked 2 years ago in Family Law from Rajkot, Gujarat
Religion: Hindu

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.

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

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

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

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

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
16667 Answers
30 Consultations

4.6 on 5.0

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.

Aveek Bose
Advocate, Kolkata
1066 Answers
7 Consultations

4.7 on 5.0

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

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
18597 Answers
266 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4958 Answers
153 Consultations

5.0 on 5.0

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6196 Answers
19 Consultations

4.9 on 5.0

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.

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

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

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

""Sorry marriage was done in india""

OK

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
16702 Answers
21 Consultations

4.6 on 5.0

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.

Sakshi Balian
Advocate, Thane
8 Answers

Not rated

Hi,

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

Ganesh Singh
Advocate, Delhi
3448 Answers
9 Consultations

4.5 on 5.0

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

Nadeem Qureshi
Advocate, New Delhi
5413 Answers
262 Consultations

4.9 on 5.0

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