divorce in foreign courts

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
wife is trying to take divorce in UK and husband in india. not living together for last 2 years. after marriage she went with her husband and after a child is born and after one year she complained to police on dv alongwith her mother who joined them a fortnight ago. police filed a criminal case against him and actually collaborated with wife and he was kept in jail and the case was decided since the husband pleaded guilty and wife pardoned him and ultimately he was awarded a fine and 2 year community service and forced to quit uk since he lost his job.
wife told later she will go for mutual consent divorce and husband insisted it should be taken in India as per hindu marriage act but she nicely alongwith her lawyer she put a case of divorce in uk court.
pleae clarify
whether the divorce in foreign court is valid or not if so or not so under what sections of the act.
she is trying to get citizenship of uk by showing this. she has taken away the child to uk after she visited india without informing the husbadn. is child allowed to get out of this country without huband's consent? the child age is 3 years

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Amit Minocha (Expert) 10 January 2011
it would be a valid divorce. However, u can also file petition in India and claim the custody / visiting rights for the child.
though mother is the first natural guardian for child below 5 yrs but the paramount concern for such cases is always the welfare of the child for th purpose of custody.

Y V Vishweshwar Rao (Expert) 10 January 2011
I agree with Amit Minocha !

1-Both the parties have giving consent for Divorce.

2-Child Custody - welfare of the Child to be considered !

3- You will be having visiting rights -if court decide that child welfare is with mother- it depends on facts of the case!

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