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Nilanjana Bhatia (student)     18 December 2010

Divorce

I was married in India as per Hindu Marriage Act but lived in UK after marriage for about 8 months. My husband forced me out of the country and now I am living in India with my parents for the past three months. My husband has now filed a divorce case in London .Kindly advise me if this case is valid and fair.I am unable to travel to Uk to fight the case.


Learning

 3 Replies

dec17 (student)     18 December 2010

hey dont worry the divorce is not valis there are amny judgements regarding this if ur marraige was done in india the divorce applied by him in uk it is not valid

Nilanjana Bhatia (student)     18 December 2010

I want to be more specific... The marriage was held under a Special Marriage Act 1954. We are both Indian citizens and my husband is working in London on a work permit.He is there for the last 3-4 years.He has registered a divorce case in London in the family court.I have received the divorce documents from the UK court a few days back to which I need to reply within 7 days.Please advise if I need to reply to the letter without me filing a case in India for this. What should be my next course of action?

A V Vishal (Advocate)     18 December 2010

If both the spouses are Indians and have been married under prevalent marriage Act in India they can seek divorce with mutual consent.

If both the spouses are residing in USA, or any other foreign country, then they can seek divorce by mutual consent under the country’s divorce laws related to foreign marriages. The Indian legal system will recognize the divorce only if it is with the consent of both the parties.

Even if the divorce is taking place in abroad it would be good to appoint an attorney who is proficient in dealing with Indian divorce laws related to NRIs.


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