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.
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