validity of uk divorce certificate
deepak
(Querist) 25 August 2008
This query is : Resolved
sir iam an indian living separately from my wife for the last seven years.I was in uk during this time and got my divorce done from uk court .i would like to know what validity uk divorce certificate has in india as i want to get married again and settle down .kindly advise me how to proceed and who is the best lawyer to contact in delhi.
Manish Singh
(Expert) 25 August 2008
UK divorce decree is perfectly valid in India if it has not been made under these circumstances;
a) Where it has not been pronounced by 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 proceeding 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 proceeding in which the judgment was obtained or 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.
If you are holding a valid decree then file it in the family court havinfg jurisdiction for recognition and enforcement of the said decree .
Srinivas.B.S.S.T
(Expert) 26 August 2008
Dear Deepak, If your marriage is held at India and both yourself and your wife are Indians by birth, then the divorce obtained in UK will not be of any use under Indian Law unless and untill you both enforce the same here before the competent court of law. My opinion is that as you are governed by the Indian laws a decree of divorce granted by an Indian court having comeptent jurisdiction will only be valid.
deepak
(Querist) 26 August 2008
sir do you know any good lawyer in delhi who could help me out .
Manish Singh
(Expert) 26 August 2008
it doesnt matter whther you have got married in India or abroad but if you are holding a valid divorce decree by the UK Court, you can file it for execution in the family court of your jurisdiction.
iF the divorce decree is properly made by the UK court, then you are holding the perfect divorce decrre and just dont worry, just file for execution in India.
It is perfectly valid under the CPC.
Srinivas.B.S.S.T
(Expert) 26 August 2008
As i have said where the husband had obtained a decree from a court outside India but wife did not submit to jurisdiction of that court, it was held that as their matrimonial disputes or relationship was governed by the provisions of HIndu Marriage Act, as both husband and wife are Hindus, therfore the decree obtained by Husband in foreign court was neither recognisable nor enforceable in India. Anubha vs Vikas Agarwal AIR 2003 Del. 175. However if the wife submitted herself to the jusridiction of that foreign court then that decree will become executable in India. Please Correct me if I am wrong. Regards Srinivas. BSST
Manish Singh
(Expert) 27 August 2008
Dear Sri,
You are perfectly right and tha valid and competent jurisdiction under the contention (a) includes the same.
deepak
(Querist) 27 August 2008
sir i was married in india itself and iam a christian so is my wife .the decree was served to my wife thru the court itself and the case was properly heard in the uk court .Although she did not appear in uk court but her lawyer responded to all the summons through email as well as through post.
sanjay kumar patibandla
(Expert) 01 September 2008
divorce decree has no value here. Better to file petition seeking divorce in our country.
