bhavana arora (law student) 13 September 2013

Divorce and maintenance case husband living in u.k.(england)

I am asking this problem on behalf of a close friend who has come to me for advise.She had been tortured

mentally and Physically and abondoned in England.During that time she was living with her husband on

Dependent visa while her husband was on Student visa in U.K.

They also have a daughter aged 5 years from the wedlock.

They had married as per Hindu tradition in India(Gujarat) 6 years back and then she had left for U.K to join her husband who was already there on student visa.

I will like learned Lawyers to help me in answering following Questions,

1)Can we file a Domestic violence case against the husband in India?

2)Can she file a divorce petition in India.

3) Can she file a maintainance petition in India?

4)Her husband will soon be awarded a Citizenship of U.K. (on basis of human rights )as his stay in U.K. will be 10 years.She wants to prevent him from getting the citizenship of that country and face trial in India.

5)She wants the custody of her 5 year daughter who being born in U.K is a citizen of that country.

6)Can she put up a case before the U.K.authorities to prevent her Husband from being awarded resident status.

your help will be of invaluable service to me.

Thanks

Bhavana Arora

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 13 September 2013

Can we file a Domestic violence case against the husband in India?
Take: No if the alleged acts of domestic violence happened outside Indian territory then DV Act, 2005 Complaint case cannot be filed in India and/or permission from Central Government under S. 188 CrPC needs to be taken to file one such Complaint case in Indian jurisdiction.

Can she file a divorce petition in India?
Take: Yes.

Can she file a maintainance petition in India?
Take: Yes

Her husband will soon be awarded a Citizenship of U.K. (on basis of human rights) as his stay in U.K. will be 10 years. She wants to prevent him from getting the citizenship of that country and face trial in India.
Take: Noted.

She wants the custody of her 5 year daughter who being born in U.K is a citizen of that country.
Take: She has to approach a UK Family Court to lay her claims for minor's custody there in UK and not in India if foreign citizen minor is residing in UK at the time of replying to your question before me.

Can she put up a case before the U.K. authorities to prevent her Husband from being awarded resident status.
Take: No, he has applied for PR status under HR schedule under ECHR and mentioned Family disputes are not covered under HR schedule to deny him PR status as per Article 8 of such convention.

stanley (Freedom) 13 September 2013

@ Author

What prompted your close friend from not filing Domestic violence in the U.K when you stated all incidents happened over there.Even if a Dv case would be filed it would get dismissed on grounds of jurisdiction . Maintanence & Divorce petition can be filed and an ex-parte order can be got but can it be implemented or executed in the absence of any property that the husband owns in india would have to be considered .