• Hindu marriage law

Hi I was married in India in 2011 as per Hindu marriage 
I am working in uk on visa 

My wife and daughter are also here with me 
How do I apply for divorce
Asked 1 year ago in Family Law
Religion: Hindu

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12 Answers

File for divorce in India on any of grounds recognised by HMA 

 

 

you have to prove allegations made in divorce petition 

 

your wife can seek interim maintenance and alimony 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

- You should know that , 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. 

- Since, you both are residing in UK , then if she is agreed for mutual consent divorce , then you can file a joint petition before the UK court for getting divorce and the said decree will be valid in India. 

- Further, if she not agrees , then you can file a contest petition before the UK court, but her appearance is mandatory before the court after receiving the notice , and if she not appear then decree will not valid in India. 

- You can also file divorce petition in India as well . 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

Hi 

Unfortunately Courts in UK do not try matrimonial matters based on personal laws (Hindu marriage Act, Muslim marriage act and likewise).

Since your marriage has been performed under Hindu marriage act, you can choose to file your divorce petition in India in either of the following

a) Place of marriage or 

b) Place where you last resided as a couple after marriage. 

Since you mentioned, you have a daughter, if she is a minor , then you should file for Custody and Guardianship also if you wish to have custody and guardianship of your daughter in the same court. 

If mutual consent divorce is possible, please explore the same as it saves you time.

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You can approach a local Court seeking divorce; however the verdict of that Court will only be valid if your wife submits herself and gives her consent to the jurisdiction of the UK court to adjudicate the matter.

Vibhanshu Srivastava
Advocate, Lucknow
9636 Answers
304 Consultations

5.0 on 5.0

You can apply for divorce in India either on the grounds of mutual consent or file a contested divorce on the grounds of cruelty if she do not agree for mutual consent divorce.

It is advisable that you file the proposed divorce case in India to make it legally valid without any hassle in future. 

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

You can apply in UK for divorce as per UK law but it will not be admissible in india unless you validate it in india 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

1.  Since U.K. is recognised as one of the Reciprocating Countries by Government of India, Divorce decree obtained from U.K. is recognised and legally valid in India

2.  The best option is Mutual Consent Divorce or its equivalent in U.K. , whereby the divorce decree may be granted in 6 months or less and mutually the husband and wife can come to an understanding in respect of Custody of child/children, division of assets, etc.  However if you are opting for contested divorce, you have to satisfy one of the grounds for divorce prescribed under the Hindu Marriage Act.

Thank you Sir.

Shashidhar S. Sastry
Advocate, Bangalore
5212 Answers
323 Consultations

5.0 on 5.0

Divorce allows a person to break free from an onerous marital relationship. But since, marriage is not merely a contract but a very important societal institution. The law is interested in protecting marriage and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country, to get a divorce, one needs to prove certain grounds, e.g., cruelty/adultery, desertion, etc.  Known as matrimonial offenses.

As per the law, as it stands, our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce, one has to prove wrongdoing on the part of the other spouse and impeccable conduct on one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence by the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock); one instance of lapse of virtue can lead to divorce.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

 

So you may file a case for divorcé either in UK or India . Better you may file in India  

 

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

Why do you wish to apply for a divorce now? If your marriage has irretrievably broken down, you may do so. Divorce by mutual consent is the best option. If so, you may initiate the proceedings in the UK and get a decree from a competent court. It will be valid in India. Or else, you may file for divorce by mutual consent in the jurisdictional court in India.

Swaminathan Neelakantan
Advocate, Coimbatore
2855 Answers
20 Consultations

4.9 on 5.0

You can apply for divocre in abroad too, the same have due sanction in Indian laws too or you can apply for divocre in India too

Rohan Raj
Advocate, Kolkata
31 Answers

5.0 on 5.0

If you want a divorce mutually it may be filed in India under Section 13(B) and not mutually the same has to filed under Section 13 of Hindu Marriage Act, but yes you need to be in India to file the Divorce suit.

Sayan Datta
Advocate, Kolkata
7 Answers

Not rated

Dear client,  

To apply for a divorce, you need to follow the legal procedure of the country where you are currently residing. In the UK, you can apply for a divorce if you have been married for at least one year and your relationship has irretrievably broken down. To start the divorce process in the UK, you will need to:

Check that you meet the residency requirements for divorce in the UK.
Fill out a divorce petition form and send it to your nearest divorce center, along with the marriage certificate.
Pay the court fee.
Wait for a response from your spouse.
Attend a court hearing (if necessary) to finalize the divorce.
It is recommended that you seek legal advice from a qualified solicitor or legal representative who can guide you through the divorce process in the UK. They can also advise you on any specific issues related to your case, such as child custody, financial settlements, or property 

Anik Miu
Advocate, Bangalore
9409 Answers
112 Consultations

4.9 on 5.0

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