• Nri divorce

I am an Indian national, so is my (ex)-wife. I am a UK resident since 2009, and my (ex) wife came here in Feb 2013

We married in India in sept 2012, and she migrated to join me in UK on 20th Feb 2013. Now, I have filed divorce petition in a UK court on 19th May 2014 and submitted the original marriage certificate with it. We are waiting to hear from the court. I have a few queries-

1) While the case is under consideration at a UK court, can she go to India and file for a divorce there?

2) If we get a divorce here, can she go to an Indian court and apply for maintenence there?

3) Given the fact that she is able bodied and has a masters degree from India, is she likely to get any maintenence if she applies through an Indian court?

If you advise a suitable time, I can call up to discuss.
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu
Dear Querist
As per your queries my opinion is as under
1) While the case is under consideration at a UK court, can she go to India and file for a divorce there?  
Opinion:- yes she can return to india and file divorce case here against you. 

2) If we get a divorce here, can she go to an Indian court and apply for maintenence there?  
Opinion:- yes she can file maintenance case in India.

3) Given the fact that she is able bodied and has a masters degree from India, is she likely to get any maintenence if she applies through an Indian court?
Opinion:- if she is unable to maintain herself and left your company with sufficient reason then she will be entitled to get maintenance otherwise not.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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Yes is the answer in all your queries above.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
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dear client, she can come to India & file divorcehere. secondly though she may file maintence but it will be very difficult if you fight your case on merits. you may call me at 8- 9 am for any further help
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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if divorce granted under UK law not recognised in india then she can file in india
Rajeev Bari
Advocate, New Delhi
1506 Answers
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3.5 on 5.0
1) yes she can go to india and file for divorce in india . you have not mentioned grounds on basis of which you have filed for divorce 

2) she can also claim maintenance in india 

3) since your wife is not working and is a housewife she will get maintenance
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
yes she can file divorce in India.

yes she can ask for maintenance as she is not having any income and is a housewife and may be granted maintenance. she may also claim alimony if divorce granted to her in India or to you in UK.
S.P. Srivastava
Advocate, New Delhi
703 Answers
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1. She can file a divorce suit in India despite the fact that you have filed a Divorce suit in U.K.,,

2.  She can file a maintenance application even after being divorced,

3. You shall be directed to pay maintenance if she is fou8nd to be unemployed.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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