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Saicharan (IT)     23 April 2012

Divorce in uk

Hello,

I am getting divorce in the UK as decree absolute. The reason i am getting decree coz my partner she's in india and currently living in unknown location she has not responded to any of my divorce acknowledgement or communication, her parents also refused to share any of her details so on the basis of above i m getting ex-parte divorce. Now i know that if she wants she can challenge that divorce in india but i will be legally free in England and can re-marry here. now my question is to execute that decree in Indian court what sort of steps i need to take and if she takes any objection to that execution what should i do to get rid of and normally how much time it takes to execute the decree in India?

 

many thanks

Sai charan

 



 3 Replies

Guest (Guest)     23 April 2012

Dear Querist,

 

A foreign divorce is valid in India if it fulfills certain conditions. Since you have got an ex-parte decree of divorce, the Indian courts might be reluctant to accept it as your wife can contend that it was obtained by playing fraud on her, which is one of the grounds on which a foreign divorce can be invalidated by an Indian court. Let your wife set up a challenge to the divorce in India, and then you may defend it. Indian courts take longer than courts in other parts of the world due to a humongous backlog of cases.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

1 Like

Saicharan (IT)     23 April 2012

Thank you but we have enough proofs to show that we tried to communicate her about the divorce such as we hired processor who personally went to her address to served the documents, couple of emails were sent through my lawyer also by me but she did not respond to any of the communication.

do you think its wise to file case in india as well and include the decree result whenever i get it?
 coz of the new law which is going to implement by 1st June that says - wife is eligible for 50% of husband and his parents property, is that true?

Guest (Guest)     26 April 2012

You can raise all these points in support of your case. Don't panic because of the proposed law. No one knows when or if at all it is going to be passed.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh


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