Barjinder singh (n/a) 03 April 2024

Couple lives in uk and marriage solemnized in india

Good Evening Respected Experts

My friend lives with her husband in England for 24 years now with three children and marriage was solemnized in Chandigarh 24 years ago. Husband and wife both are UK citizens, Now the wife wants divorce because the husband is not keeping the family well and my friend is also the victim of domestic abuse. Hiring a legal service in Uk is very expensive and my friend can not afford that. My friend also tried the Legal aid but because the husband was misusing her bank accounts by transecting the huge money so, that makes her ineligible for legal aid. Husband runs the hotel business in England . Because the marriage was solemnized in India and my friend was Indian citizen at the time of marriage. Is there any way that she can file a divorce in India and get the divorce decree executed in England. Can someone help with the information please my friend is suffering a lot.. Thank you in advance.

Barjinder Singh

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 April 2024

your marriage was legally recognised in the country your marriage took place, you can commence a divorce in England if you are habitually resident or domiciled in England or Wales.

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Real Soul.... (LEGAL) 03 April 2024

If your friend has not withdrwan the Indian citizenship and retains citizenship of India then she can file Divorce petition as provided by the Act under section 19(i)

19. Court to which petition shall be presented.—Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction:—

(i) the marriage was solemnized, or

That means she file in India, but she should mention that she is holding dual citizenship of UK and India

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Barjinder singh (n/a) 03 April 2024

Respect exerts,

Thank you very much for your help

British passport holder with oci. British citizenship yes. She has single citizenship of uk at present . Thank you once again

T. Kalaiselvan, Advocate (Advocate) 06 April 2024

The citizenship of your friend will not restrict her from filing divorce case in India on the grounds of cruelty for the marriage that was solemnised in India as per Indian laws.

She can travel to India, file the divorce case, conduct it properly and get her marriage dissolved by a decree of divorce on merits.

Ask her to contact any experienced lawyer in India and proceed as suggested.

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Barjinder singh (n/a) 07 April 2024

Thank you very for the reply sir