G.Nagarajeshwar Rao (Advocate) 28 May 2011
Wife filed divorce petition in U.K. and summons received by husband in India from U.K. court directing him to file his papers and replies within 21 days. The marriage to dissolved by consent. Whether husband can appear before the U.K. court, without going to U.K. and the petition for divorce can be allowed on admission of by the husband through his attorney in U.K. Court [or] Whether the husband is required to be present in person before the U.K. court for consent divorce decree?
Tajobsindia (Senior Partner ) 29 May 2011
@ Author
1. Ask your client to take ex-party restraining Order from pursuing the matter in a English Court and get it served to the same County Court from which he received the Service !
2. In a similar case but in reverse received above process from a Delhi Court on 28-01-2009 when Australian (Melbourne resident) husband served local Court notice to wife in Delhi.
"Coming to the rescue of the woman, summoned by the Australian court, Civil Judge Shivali Sharma said "An ex-parte ad interim injunction is granted in favour of the plaintiff (woman) and against the defendant (husband) thereby, restraining him from proceeding further with the divorce proceedings in the Federal court of Australia, Melbourne."
Reasoning:
There are various judgements of the apex court stating that the foreign courts may grant relief in accordance with the matrimonial law under which the parties are married.
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