Sir/madam an indian got married in india and migrated to UK. only the wife got british citizenship but her husband has no british citizenship. they got a kid of 4 years old. both of them are now thinking of getting divorce. which laws will apply for them?. how can they proceed now? are there any other ways apart from divorce??? please suggest
a small correction. in the beginning of the sentence it should be ''an indian couple''
Best option is to file for divorce by mutual consent in India
2) it would take around 6 months
3) contested divorce proceedings would take around 5 years
4) consent terms in divorce petition should mention about custody of child and payment of alimony amount to wife and maintenance for child
Since the marriage was under Hindu Marriage Act, the couple can obtain divorce or judicial separation from the competent Indian Court.
Apart from divorce, let the couple apply for judicial separation and live separately. In judicial separation, the husband and wife will be living separately, but the marriage will be still subsisting. Later on the couple can introspect and then decide, whether to continue the marital life or not. If the couple decide to opt for divorce then let them opt for Mutual Consent Divorce after 1 year of separation.
1. Let the couple agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
does the british citizenship of the wife has no affect on divorce??
it does not have any effect on divorce
Since the marriage was solemnised as per Indian laws, the divorce also can be granted as per the Indian laws alone to make it more effective and valid.
Both were Indians at the time or marriage hence the marriage ws solemnised as per Indian laws, however if the divorce is by mutual consent in UK and is recognised by Indian laws, then this divorce granted in UK also is considered as legally valid divorce as per Indian laws.
Citizenship is a different subject to that of the subject 'Divorce', hence dont get confused by clubbing both the subjects together.
See since they are married under Indian law same shall apply though if they both are interested in taking divorce they may apply it before UK court or Indian court . Mutually taken divorce shall be valid even if obtained from UK.
See if the citizenship is already granted there is no effect to same or of same on divorce proceedings.
Even though wife has acquired British Citizenship later, the couple are married under Hindu Marriage Act and hence divorce has to be obtained from the competent Indian Court only.
Mutual divorce granted by UK court, valid in India.
Divorce can be obtain In India or in UK.
1. If they want divorce then how come there can be ways other than divorce?
2. Both of them can jointly file mutual consent divorce petition before the Indian Court on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.
Since the marriage was registered in India as per Indian law, the divorce also shall have to be availed in India as per Indian law.
The British Citizenship of the wife will not be a deterrent in her availing the decree of divorce in India, be it contested divorce or mutual contest divorce.
- Being marriage solemnized both shall have to apply divorce in India or the wife who have got citizenship can get the divorce there itself and then later get it decreed in India for record and validity purpose.
-Section 13/14 of the Civil Procedure Code gives guidelines on same.
- Do feel free to connect if needed any further guidance.
Regards
Vivek Arya
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in UK Court, and after due adjudication and trial, divorce is granted , then it will be valid and binding in India.
- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by UK Court will not be applicable in India.
- Furtner, Ex-parte decree of Divorce granted by UK Court will also not be recognized by Indian Court.- Ex-parte means , One party divorce.
- Since, you both are thinking for a divorce , hence you are having two jurisdiction for filing the case legally, i.e. UK Court and also Indian Court , Both countries passed decree is valid in India , as i mentioned above.
- No, the divorce will have no impact upon your wife's citizenship.
Good luck and dont forget to rating Positively.
Both of you can file a divorce in Uk . the decree awarded by the Uk courts are valid in india. However indian law does not permit ex-parte decree's. In order for the Uk divorce decree to be valid in india, both of you should have either contested the divorce or should have mutually consented to divorce in the Uk Court. You can also file mutual divorce before family court in India.
Divorce or separation may not affect .
They can get divorced in uk as well as India. Depending on their terms. British citizenship will have effect
Best option is to obtain "Mutual Consent Divorce" in India.
You can capture the points relating to maintenance of Wife, Child and custody of the child in Consent Terms to be filed along with MCD.
The Citizenship of Wife has no bearing on the case.
1. Hindu Marriage act will be applicable on them for getting divorce.
2. They should file mutual consent divorce in court where they married each other or currently residing.
3. There is no other way to get divorce without filing divorce petition.
4. British citizen ship will not have any effect on divorce proceedings.
