Divorce petion, filed in u.k.
Querist :
Anonymous
(Querist) 10 September 2011
This query is : Resolved
a is NRI, citizen of british govt. he came in india,in 2008.and married with b in india, they leave their life in india.after some time a alone go in u.k.,after 4 years, a file devorce petition in u.k, for getting devorce. and the british court issue a notice to wife b for appear and do further process in court. now what is option for wife? she cant afford the fees,or expense of british court because she is in india. and also question is that, british court has power or jurisdiction for this?
Devajyoti Barman
(Expert) 10 September 2011
id b did not appear in uk then the decision would not be binding on her.
prabhakar singh
(Expert) 10 September 2011
Then better you do not think to appear.
Kiran Kumar
(Expert) 11 September 2011
I ve recently got a case on almost similar issues.
In respect of my client the Supreme Court of British Columbia in Canada granted undefended (ex-parte) divorce without any oral hearing.
and the unfortunate part was that the wife was not in position to go to Canada to defend herself...but so far in my little research I have found that there are certain precautionary laws/ provisions also.
find out some provision in English law and send an appropriate complaint to the Embassy and a petition directly to the Court...seek help of some lawyer to draft your applications.
the concerned embassy may provide you with some legal aid as you will not in position to visit England or pay the hefty counsel's fee.
Guest
(Expert) 11 September 2011
In addition to Shri Kiran Kumar's advice, in my opinion, your local lawyer should also request for quash of the petition by raising a question of jurisdiction of the court on the plea that neither the marriage was solemnised in UK, nor you reside in UK (both events being in India). Also request the court that if the honourable court still feels your presence in the British court, the court may order the petitioner to bear the expenses of VISA, travel, boarding & lodging and other incidental expenses necessary for living in UK for the duration of the case.
