How to stop exparte divorce from nri husband in uk

Mam, 

Where did you get married? You can file a case for cheating and get your married annuled under these circumstances and seek compensation.  

See you cannot stop him to take the foriegn divorce decree, all you can do is File you cases parllelly in India and contest those cases on merits. 

For more on Validity of Foriegn Divorce Decrees you can read my article

https://kapilchandnaadvocate.wordpress.com/2017/05/22/validity-of-foreign-divorce-decree/ 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

https://kapilchandnaadvocate.wordpress.com/

We got married in india and got registered marriage certificate

Mam, 

Good, but to be honest most of the men are taking the divorce decree outside India, but if those decrees are not found valid in India, then its not a valid divorce as per Indian Law. 

See if you think that this marriage can continue, you can file RCR and seek his response.  

If you think that the marriage cannot be continued, then file Annulement of marraige, Seek maintenance ...  

Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

sir ,

 currently i heared recently high court of mumbai has announced foreign divorce decree is not valid in india ... a guy from dubai filed exparte divorce.... his wife appealed in high court .. high court ordered to restart the divorce case in india ....

Yes, any order obtained by your husband from the UK Court will not be valid in india.  However, if he has no intention of ever returning to India, an ex-parte decree from UK will suit him just fine.

To stop him, you can either be represented through legal aid in UK and challenge the jurisdiction of that Court to hear your Divorce Matter or alternatively You can initiate parellel reliefs here. Do not worry about that FB chat as what happens before marriage is not considered by Courts.  

Foreign divorce decrees are valid in India subject to many conditions. First both parties should have got equal opportunity to litigate their defenses and claims. An ex parte decree will not be accepted  otherwise - 100%! Things actually get more complicated with NRI situations under the Hindu Marriage Act. If you want to get married or divorced under this Act, at the time, one must be domiciled in India and the other must be willing to subject himself/herself to the provision of the Act.  If both are domiciled in India a divorce under a different Act or Law would not be valid in India.  The law is clear that parties can get divorced under the law under which they were married. Domicile itself is a complex subject but presuming that your husband is an Indian citizen on a posting abroad, he would be a domicile of India. Difficult to conclude without knowing detail facts but prima facie appears that you NEED NOT BE WORRIED ABOUT divorce decree granted by a foreign court under the circumstances/facts narrated by you. I have been through similar situatiion as a husband and know the applicable laws.

Read the Supreme Court Judgment under SONDUR GOPAL VERSUS  SONDUR RAJINI. It was an appeal from the Bombay High Court. It will help you understand many issues related to your situation.