It is not uncommon to hear about cases either the husband or the wife filed for

divorce in a foreign court, while the spouse did not attend the proceedings either due

to notice not being served or due to some other reason. In such a situation, the case

of Y Narasimha Rao is relevant.

Y. Narsimha Rao and Y. Venkata Lakshmi were married in Tirupati, India as per

Hindu customs in 1975. They separated in July 1978. Mr. Rao filed a petition for

dissolution of marriage in the Circuit Court of St. Louis County Missouri, USA. Mrs.

Lakshmi sent her reply from India under protest. The Circuit Court passed a decree

for dissolution of marriage on February 19, 1980 in the absence of Mrs. Lakshmi. Mr.

Rao had earlier filed a petition for dissolution of marriage in the sub-Court of Tirupati.

Later, he filed an application for dismissing the petition in view of the decree passed

by the Missouri Court.

On 2 November 1981, Mr. Rao married another woman. Hence, Mrs. Lakshmi filed a

criminal complaint against Mr. Rao for the offence of bigamy. The Supreme Court

refused to accept the divorce decree granted by the court at Missouri, USA. While

deciding the case the Supreme Court laid down the law for foreign matrimonial

judgments in this country.

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 theprovisions of Hindu Marriage Act before granting divorce.

The exceptions that Supreme Court has permitted to the above rule laid by it are as

follows in a case where husband has filed for divorce in a foreign land:

A) The wife must be domiciled and permanently resident of that foreign land AND

the foreign court should decide the case based on Hindu Marriage Act.

B) The wife voluntarily and effectively attends the court proceedings and

contests the claim on grounds of divorce as permitted under Hindu Marriage

Act.

C) The wife consents to grant of divorce.

Therefore, you should mark your appearance in courts in India as divorce degree granted by foreign Court cannot be enforced in India.

For any other doubts, feel free to call.

your divorce decree would not be valid in India as your wife did not participate in divorce proceedings

2)burden of proof is upon wife to prove allegations made in divorce petition

3) if wife is highly qualified and working she would not get maintenance if there is not much difference in your incomes

Please note foreign judgment obtained is not valid in India unless such country recognises Indian law. It is pertinent to note Since wife has not participate in proceedings it won't be binding. If she has filed case here you need to contest case if you fail to represent court will place you exparte and court will grant order as prayed by her.

Hi, since she is not contesting the case , therefore the ex-parte divorce will not be valid in India ...If you have her employment and earning details,she will not be entitled to claim Maintainance from you

The legal position is if the marriage is solemnized as per hindu rites and customs in india, then, it has to be legally dissolved in india. If the parties submit to the authority of the foreign court, then the decree is binding on both. In this case, as you have filed in UK and she has filed in india, chances are you may have to contest the matter in india. The decree in UK may be set exparte and which may not be legally binding on her.

Sir, since it is a unilateral ex-parte divorce it will not be valid in India as for divorce the proper jurisdiction is before the Indian Court as married under Indian laws.

So it will be a situation you will be married in India and divorced in UK. in the situation she is free to file false criminal cases also upon you after divorce.

Sir for Jewellery the burden of proof is on her she has to prove that this amount of jewellery money was give.

Further relying on various judicial decisions if she is more qualified and she is earning she wont be entitled to maintenance and you can contest same before Indian Court.

If you have no plans of ever returning to India or getting remarried here, the UK Decree would suffice.... However, otherwise its going to be tough for you as legally you were married in India and are bound by the provisions of the Hindu Marriage Act. Since there is no treaty between India and UK, execution of the Decree may be difficult.

You can try filing the Decree of Divorce from UK Court directly in the lower court but the outcome of the same cannot be guaranteed as it depends from Judge to Judge. In this scenario, therefore, the best possible solution would be for you to let the matter proceed with ex-parte since you have anyways not received the Court summons. The trial court in your absence and unless your wife is able to substantiate her claims about the gold and silver would not be inclined towards granting her any relief except the relief of Divorce.

Dear Client,

U have to file application u/s 44 of CPC before district court where she resides for execution of foreign decree in India.

Court will consider her educational and occupational history while deciding maintenance.

1) In India only Mutual Consent Divorce done in foreign country are valid and rest of the court orders are invalid.

2) So its better to get divorce from Indian court and apply it accordingly in UK as well.

3) Regarding lumpsum amount you can prove that she is well educated and earning more than you, so she will not entitled for alimony nor lumpsum amount.

1. Your said expected decree of divorce to be passed by UK Court will not be valid and enforceable in India.

2. Only in cases of decrees of mutual consent divorces for which petitions were filed jointly is accepted by Indian Court as valid and in those cases also the couples shall have to file petitions praying for validation of the MCD decree passed by foreign courts.

3.Arrange to place your representative in the said Indian court to ascertain whether they are showing that your family has received the Notice for you or not. She might show that you are untraceable and file an application for paper publication of the notice which might be considered by the Court as good service of the notice.

4. If Notice is considered as served upon you by the Court as suggested above, it will be prudent on your part to enter your appearance through your lawyer and contest the case fittingly.

5. The onus lies on her to prove what she has alleged and not on you. You shall have to deny her all allegations.

6. While contesting her divorce suit as suggested above, you can certainly produce the decree of divorced already passed by the UK court on grounds also acceptable by Indian law.

The exparte divorce obtained in UK is not valid in India especially if the marriage was solemnised in India as per Indian laws.

if you know the next date of hearing of her divorce cae in India, you can engage the services of an Advocate and enter appearance on the said date either in person or through an authorised representative or a POA agent.

If she is employed and earning a handsome salary then her maintenance claim can be repudiated.

1. The court can definitely consider the difference in purchasing power parity between different countries, but this point needs to be argued very properly by the counsel representing you.

2. Both

3. She cannot claim in your parent's properties.

4. For that, you'll have to hire a private detective who can get you such details as well as evidences for the same.

5. You would have to appear to only important dates and your lawyer can file exemption application on your behalf on the others.

You'll have to bear your own travel expenses and court won't allow it, as it would defeat the very purpose of "maintenance" case against you.

Regards.

1. See if you do not participate court will decide on evidence produced by her

But when you contest it you can produce woth reply your income expenditure evidences such as salary slips emi dependent parents also other expenses.

2. See tax returns I would say as there can be other source of income then the salary slips. But In absence of that bank statement and salary slips can be used.

3.no in india wife doesnot have any right on property of husband in his life.

4. You can give a application before court inform of notice asking her to produce her salary, bank statments ITR on record with affidavit.

5. In India contested divorce takes time it can take like 3-4 years, you can appoint a power of attorney to contest on your belahf further you can give assent for divorce, without accepting her allegations and can contest maintenance. The. There is chance it will be fast and can also produce document that you have applied for divorce before the uk.court. further no provision for asking expenses to travel.

you have to particpate in divorce proceedings

2) deny allegations made in divorce petition

3) produce your last 3 years income tax returns, bank statements which reflect your income

4) wife has no share in property standing in name of husband or his parents

5) make application in family court calling upon wife to produce her bank statement , income tax returns for last 3 years

6) contested divorce proceedings take 5 years in india

7) your personal presence is not necessary except during trial

8) execute POA in favour of family members

If you appoint a lawyer you need to visit court once for mediation then your side evidence that Is chief and cross examination of yourself. If she claims maintenance interim maintenance will be 1/3 to 1/5 of your salary. If she fails to provide your earning proof then court will order only amount as it is necessary for her food clothing and shelter. Secondly she cannot claim your property.

Even if you claim travel expenses court will reject the same . You can take defence she is well educated and provide certified copy of divorce obtained in UK if there she had agreed that will help you to show that she's just filed case here with interest to take money from you.

In India it takes two to three years for a case to be disposed and depends on jurisdiction court and also advocate you nominate.

1. The Court will direct you to submit your income statement or I.Tax return submitted in the UK. However, since you are not the Citizen of India, Indian court might not be in a position to force you to pay the amount decreed by the Court, if any. However, in that case, you shall stay married to India till you are legally divorced in India and you won't be able to marry an Indian girl in India as per Indian law when you stay married to your present wife.

2. The Court might pass order for paying her maintenance if she is unable to maintain herself and the amount will depend on your net monthly earning after deducting the statutory expenses like I.Tax etc. You income in pound will be multiplied by the PPP (Purchasing Power Parity) of pound against Rupee to arrive at your net income as per INR in India.

3. Even if you are a British Citizen, you have the right to inherit properties in India being a OCI card.

4. If she is working in India and you know her employees name then you can engage a local detective agency to trace out copy of her I.Tax Return, salary slip and/or other salary details.

5. It might take 2 to 4 years for the case to be disposed off. You can execute a POA in favour of any of your relatives/friends to take care of the case initially and shall have to appear personally at the time of giving evidence. There is no provision for claiming travel expenses by the Husbands as per Indian Law.

1. As far as the maintenance is concerned she may have to prove before the court with substantial evidence and justify her claim.

2. It is the burden of the claimant to produce your salary slip but you can always defend your interests by producing your own monthly bills and your take home salary.

3. No, she is entitled to any share in your property, not at least during your lifetime.

4. You can summon her employer by filing a petition before court to produce her salary income details.

The time taken for disposal of this case cannot be predicted. You can authorise a POA agent to represent you in your absence before court.

Last question how long will this process take. Also should i require to attend the courts. Could i claim her to pay my expenses if i need to travel if i wouldnt be able to afford to travel.

You can take the assistance of a POA agent to represent you in the court during your absence.

Your advocate will be able to guide you properly on this.

You cannot claim travel expenses from her for any reason.