• Divorce

Hello,

Me and my husband married in India in 2005. We went to UK in 2006. Our son born in UK and we both of us were Indian. Then in Nov 2010 my husband sent me back to India. He got his citizenship in UK in 2012. He got his divorce on the ground of broken down of marriage.

I got notice from Ipswich court n I hired a lawyer saying that I am unable to come and attend court there as no valid visa and fund. But his divorce was granted in March 2013.

Now I want to file divorce in India saying that my husband already got divorce from UK and v r living separately since 2010, almost 5 years.

So what are my chances to get divorce and how much time will it take? Child is living with me and my husband never bother for custody or contacted us.I would also like to ask for maintenance for my child. So what should I do in this scenario? Under what clause I should ask settlement for maintenance and Do I need to file any kind of application stating my divorce done in UK and I want it to get notified by HMA. 

So what if I want to remarry and settlement for my child?
Asked 11 months ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu
1) you can challenge divorce decree passed in UK court and seek declaration that your marriage is valid and subsisting , seek maintenance from husband , child custody and ligation costs 

2)in the alternative  if you have participated in divorce proceedings your divorce decree would be valid in india . you dont need to file separate divorce application . 

3) you can simply file application for maintenance for your self  and your child and seek custody of child 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Dear Querist
The divorce grant in UK is not valid in India because there is no procedure in Hindu Marriage Act for divorce regarding the broken down of marriage, and as per section 13 of Hindu Marriage Act and section 13 of CPC this divorce order is not 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. 

You may file a divorce case based on cruelty and desertion before family court and also file a maintenance case u/s 125 of Cr.P.C. before family court and claim maintenance for yourself if you are unable to maintain yourself and for your son.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
you must first challenge the divorce granted to your husband in U.K, as it is not binding on you, because you did not appear before the court and contest it. second it was granted on grounds of broken down of marriage, which is not as per Hindu Law and therefore not binding on you.
You can file for divorce here in India and also claim maintenance in the said case. If he wishes to appear after receipt of summons well and good otherwise take an ex-parte order against him.
If you accept the divorce granted by the UK court then you can re-marry but you will not get any alimony from your husband.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
If you too want divorce then I wonder why do you want to file fresh case.
Only if you do not wish to accept the UK divorce then only file case in India otherwise I do not find necessity to file such case.
Rather file case under PWDV Act wherein you can claim monthly maintenance for yourself and the child, one time damages and residence order.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
please see my answer, i have said if you accept the divorce granted by the UK court then you will not get any alimony or maintenance, only if you file for a divorce here in India can you claim maintenance for yourself and your child, there could be a possibility of a one time settlement or alimony being offered by your husband. 
In other words you will have to dispute or disagree with the divorce granted by the UK court. Only then will you be able to get any maintenance for your child and yourself. 
As it stands now your husband got rid of you and your child by taking an ex-parte divorce in UK, U must file for divorce here to make him responsible for the child.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
Yes, you can accept this divorce and seek maintenance for the child as well.No difficulty.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you can seek maintenance for the child 

2) you dont need to file for divorce in india 

3) foreign divorce decree would be valid in india 

4)bombay high court has held that Once the decree of divorce is granted by a foreign court after the parties submit to its jurisdiction and after contest or agreement, the marriage stands dissolved. Nothing further survives in the marriage. 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Mam, you cannot claim maintenance without filing for divorce, hence consider filing for divorce here in India, since you have been living separately for 5 years already it would not be difficult to file on grounds of desertion, your husband may appear in this case or abstain, none the less you should be able to get a divorce and maintenance quiet easily here in India.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
Yes, you can claim maintenance for your child, file a maintenance case u/s125 of Cr.p.c. before family court without any hesitation.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
I have already replied your query and I have nothing to add more.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. The easiest way for you shall be to agree with the decree of divorce granted by the UK court and get the said foreign decree validated by filing an application before the Distrct Court u/s13 of CPC. It will ave your time,

2. You can also file an application for the maintenance of your child from him,

3. This way your child can get the maintenance despite your remarriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1.Not only that you should accept the decree of divorce, you should also get it validated by Indian court as suggested in my earlier post but for which your remarriage will not be valid,

2. You should also get maintenance amount for you child from your ex-husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Yes, you can file an application against yiur ex-husband claiming maintenance for your child,

2. You can also get the foreign decree of divorce validated by Indian court as suggested in my earlier post as otherwise you stay married to him legally as per Indian Law which will prohibit you from remarrying.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Now I want to file divorce in India saying that my husband already got divorce from UK and v r living separately since 2010, almost 5 years. So what are my chances to get divorce and how much time will it take? Child is living with me and my husband never bother for custody or contacted us.I would also like to ask for maintenance for my child. So what should I do in this scenario? Under what clause I should ask settlement for maintenance and Do I need to file any kind of application stating my divorce done in UK and I want it to get notified by HMA.  So what if I want to remarry and settlement for my child?

From your contention, it appears that the UK court has granted divorce on the contested grounds. 
However if you feel that you cannot get the divorce decree copy from UK court at this stage, you may file a contested divorce case against him and arrange to send summons to his UK address itself, if he fails to appear after receiving the summons, you can get an exparte decree of divorce.
You can file a separate maintenance case under section 125 cr.p.c. for yourself (if you are not employed) and for your minor child.  You can also file a permanent alimony under section 25 of HMA.





T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
So that means I can accept this divorce and also I can file case asking for maintenance for my child? I really don't want to drag my self for filing divorce here in India which will take again too long.....I want to accept this divorce and ask for maintenance for my child only..not for me. Can I do that? How?
If the UK divorce is a contested one and you dont have any difficulty in accepting the foreign divorce decree, it is a valid divorce and you can get a copy of that.  Whether or not you can file a maintenance case under section 125 cr.p.c. for your child also.  You can do it here in India itself if you cannot travel to UK to file a maintenance case in UK.




I got totally different answers for my question. Sir I am only interested for the alimony for my child and want to end up this as soon as possible because I wasted almost 5 years. So can you please guide me if I can straight away claim for my child.
Filing a maintenance case has been advised in the above lines, for execution of the same will depend on his responses. 

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.If you have accepted the authority of UK court, it cannot be open to her to later question the authority of the UK court. IF so,  you need not be file separate divorce application in India.

Then only file maintenance application before the court in India.But some difficulties are arisen after filing the case. Are you sure your husband attend the court if he is permanently staying in uk ? Whether he is comply inidian court order for providing maintenance. Do you know the content of decree of Divorce passed from UK court.

So better you have to challenge the uk court decree  or validate it in India by accepting the same .But how can you got the copy of decree producing for your future needs of marriage and etc.....For asking a maintenance the foreign decree is not a barricade 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Your marriage has been dissolved by the UK court, so you cannot now file for divorce in India as your marriage ceased to subsist after the decree of UK court.

2. You can adopt your remedies such as maintenance for yourself and child and compensation from your husband but this would have to be preceded by a challenge to the foreign decree of divorce except if the decree of divorce is silent on your right to adopt further remedies against your husband. 

Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
You are at liberty to remarry as your marriage has been dissolved by the court. If there is nothing in the UK decree which puts an embargo on your right to claim financial support from your husband then you are free to seek compensation and maintenance from him. 
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
Hi, divorce obtained by your husband in UK is not valid as you are not participate in the proceedings before the UK Court.

2. You can file a petition for divorce in India and also claim maintenance from your husband as he has failed and neglected to maintain you and your child.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1) You can certainly seek maintenance for your child by filing for maintenance in an Indian court where you reside. The notice has to be served on your husband at his address in UK.

2) Engage a lawyer locally and file the petition without delay. You can show details of expenses for your child in terms of accommodation, schooling, medical expenses, vacations, picnic and others  and include documentary evidence and seek immediate reliefs.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0

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