Married in India and divorce in UK. Is this valid by Indian laws?

This is a discussion on Married in India and divorce in UK. Is this valid by Indian laws? within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hi, I have been living and working in the UK for last 6 years and my husband last 9 yrs. ...

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Old Sep 10th, 2012, 10:53 AM   #1
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Confused Married in India and divorce in UK. Is this valid by Indian laws?

Hi,

I have been living and working in the UK for last 6 years and my husband last 9 yrs. We got married in India in Oct 2010 and have shared a platonic relationship till date and we havent really lived as a couple. Finally I asked him to move out April 2012 and he has. We both are in agreement to file for divorce.

Now I have been told by a couple of Indian lawyers that if we procure a divorce from UK going by UK divorce procedure this wont be accepted or is considered invalid in India. Can anyone confirm if this is true? They mentioned that our status will still me married in India and we wont be able to remarry there in future.

If this in fact is true what is the best possible way for us to file for divorce avoiding multiple trips to India.

Thanks
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Old Sep 10th, 2012, 01:33 PM   #2
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Default re: Married in India and divorce in UK. Is this valid by Indian laws?

I wish to inform you that foreign divorce will be recognized in India if it does not violate Section 13 of Civil Procedure Code. In this regard you can take divorce in UK and have court order in India after divorce that provision of Section 13 are not affected or alternatively you can take divorce in India. If your divorce violates Section 13 of Civil procedure Code then your divorce will be void and you may not re-marry in India.

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Old Sep 11th, 2012, 12:28 AM   #3
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Default Re: Married in India and divorce in UK. Is this valid by Indian laws?

There are hardly any laws in India that protect an Indian citizen who is married to a foreigner. The result is that foreign courts grant a number of these divorces and the India based partner is unable to do anything about it.
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Old Sep 11th, 2012, 03:57 AM   #4
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Default Re: Married in India and divorce in UK. Is this valid by Indian laws?

@AFF Thanks for your response, I'm not quite sure if UK divorce laws breach Section 13. We are considering filing under the grounds as "Unreasonable Behaviour" where I'll file it against him

@Lexus Apologies i missed mentioning that we both are Indian Passport Holders living and working in the UK but married in India.
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Old Sep 11th, 2012, 05:40 AM   #5
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Default Re: Married in India and divorce in UK. Is this valid by Indian laws?

Is this a Hindu marriage ? If yes it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce.
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Old Sep 11th, 2012, 06:22 AM   #6
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Default Re: Married in India and divorce in UK. Is this valid by Indian laws?

@Lexus yes we were married under the Hindu Marriage Act in India. OK i was afraid what the Indian Solicitor told me was true, so we will have to file it in India for our divorce to be held valid in India? My husband isn't very cooperative and refuses to come to India to file a mutual divorce in India, I suppose I will have to resort to filing a contested divorce against him in India.
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Old Sep 11th, 2012, 07:15 AM   #7
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Default Re: Married in India and divorce in UK. Is this valid by Indian laws?

Either spouse can petition for divorce if the partner has been unfaithful sexually, abandoned the other partner for two or more years, or treats the other partner cruelly. Sicknesses such as leprosy, mental instability or communicable disease are also grounds for divorce.
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Old Sep 11th, 2012, 11:38 AM   #8
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Default Re: Married in India and divorce in UK. Is this valid by Indian laws?

Thanks Lexus, ill check with the lawyer in India
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Old Sep 20th, 2012, 05:39 PM   #9
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Default Re: Married in India and divorce in UK. Is this valid by Indian laws?

Hi,

I am undergoing same situation and I have filed for a divorce from UK on grounds of 2 years separation. Both of us hold Indian passport and have been separated for 2 years. If the two of you agree then one living in the UK can file for divorce on any grounds(out of 5 grounds available) as long as it is consented. It will be valid in India too. Worst case you may have to get the decree absolute stamped from an Indian court. A divorce is valid in Inida too as long as the grounds on which you are seeking divorce are also recognized in India. In my particular case, by Indian law a couple can file a divorce with mutual consent if they have been living seperately for atleast an year. By UK law it is 2 years, so it gets recognised on the basis that we both consent. you can also use dessertion and/or unreasonable behaviour as the ground because these too are recognised in India. Other reasons/grounds may not be applicable as consented because they are cruelty, adultry etc..so you can use either 2 yrs separation; unreasonable behaviour or dessertion easily with help of your spouse and do a consented divorce. it takes about 3-4 months for getting a decree absolute.

Another one is 5 years separation where you donot need the other party to consent. you get a divorce absolute straight away. This however I am not sure if it will be valid in India because the ground for indian law is 7 years separation.

However if there is a contest then you can not file from UK. you can have more info from home office website. It is a fairly simple process in the UK if you consent and you dont have to attend court proceedings as well.

Good Luck!
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Old Sep 20th, 2012, 06:05 PM   #10
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Default Re: Married in India and divorce in UK. Is this valid by Indian laws?

..also just to add, if you intend to file a petition in india, it will be slightly more complicated because the jurisdiction under which your case will fall will only be the place where you got married..purely because both of you are still in the UK. For Indian court to take up your case one of you must be domiciled there or habitually living. because you are a domiciled and not habitually living, the jurisdiction will be your place of marriage...plus add to the trips..There will only be two trips in total and a wait period of 6 months if you file in india..and lawyer/court fee would be about 40K INR in total. one trip for appearing and second trip for final annnouncement after 6 months.

My recommendation would be to either wait till end of october and file a consented divorce with 2 yrs separation. if you cant wait then one of you must agree to unreasonable behaviour and file a consented petition. the fact that both of you live in the UK, it will be far more easier and quicker to get the decree. The divorce will be valid in India too under section 13B.
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