Need help for divorce in india

As he is in India and you are in UK, I doubt the divorce you get in UK will be a valid divorce.  However, if you can get divorce from UK court, get it and keep it.  Coming to your husband, and his family it appears he is suffering from infriority complex because you have always done better in studies and grown up in life better than him.  And after you have completed MBA and settled in UK, I don't think he will ever forgive you for the way you have grown up in your social status and unequalled him in life. So the best option is to take divorce. 

And if there are threats that his brother will leave your sister, let it be.  You be in a good position to look after your sister as well, instead of succumbing to their threats.  Never come back to India and support your family members from there itself, you will get into good position if you stay there for 4-5 years.  If he files for divorce accept it and be happy.  Look for good match there itself and marry.  Don't leave the decision of marriage to your parents ever.  Never succumb to any kind of pressure even if your sister is divorced by her husband because the way they are threatening shows that they are criminals.  You will save your sister if you let her husband leave her.

The circumstances you are going through justify your wish to get a divorce.  The divorce decree you obtain in U.K. must meet these following requirements to get approval of Indian Courts: (1)  The ground for seeking divorce shall be available in Indian Laws. (2)  He shall be given proper and sufficient opportunity to contest divorce case in U.K.  (3)  the procedure followed by the U.K. Court must be reasonable while granting divorce.  If he takes the plea that he does nt have visa and financial resources to effectively contest divorce case, then your UK divorce decree will not accepted by indian courts.

In India you can file divorce petition.  Here before adjudication, mediation will go on in which you should appear.  After that once adjudication starts, you can give a miss and need to come only when your evidence is recorded.  In these days, in some courts even evidence is recorded by way of video-conferencing.  If you feel threat of your life and limb while your short stay in India duirng the preparation of court case and initial period of court case, you can file domestic violence case and get protection orders from the court and he cannot touch you and contact you during your stay in India.

Wish you best of luck.

Both of expertys advice are correct, No need to say further.

But why don't you file divorce in UK court. It will save your valuble time and money also.

I m a research scholar and my wife is a working lady and stays in separate state.we married in dec.2010.ours was a love cum arrange marriage.but now we two re facing prblm and she is threatning me nd my brother of 498 over phone.my parents gt expird nd we two brothers live togthr.My wife is asking me to join her at her parental home which is near her place of work.She is blaming me dat i hav extramaital affiar.now i filed RCR as we hav been out of touch frm octbr2011.now we two evn dnt talk over phn.i want to get separated bt she says she will not give divorce in her lifetime.she is not ready to come to my home too.help me to get out of this relation..

my wife didnt appear in d first hearing of RCR and she informed my friend dat she wl nt appear in subsequent hearings.i filed rcr only to safeguard myself nd my young bothr frm 498.i dnt want her in my life anymore.

Thanks to all of you for right sugestion. but I already told that I am from rajasthani family, If I go back to India might my parents will kill me that I had spoiled their name in their society. as of my Knowledge no one taken divorce in my samaj. If I dont have any other option then I will come to Idia for the same. Is any time duration in India like UK that marriage automatically disolved or end. And he had no visa for UK. so my divorce from here is not valid in india. Please sugget me the right direction. thanking you once again.

Ask your sister also to take divorce you both will get freedom.

File 498a,DV 99% chance he will be agree for divorce.

You can contest your divorce petition from there itself having properly explained your situation to the court through your counsel.  You should inform that you escaped from India because of fear of orthodox parents and husband who might indulge in honor killing and so you fear that if you return to India despite court orders the orthodox family and husband will target you, there is a threat for your life, hence you want to file divorce petition from there itself.  If necessary you will be available through Videophone. 

I agree with Mr. Chandrasekhar's advice.  for filing divorce petiton in India, you have to execute a power of attorney on behalf of your friend/relative on whom you have full faith and get it attested at U.K. High Commission.  This power of attorney will be helpful to run the case in your absence.  For evidence, video conference can be requested from the court.  The divorce petition can be filed where the marriage was solemnized or where the parties resided together or where husband is residing at present or where the wife is residing at present (the last one is not applicable to you for the reason that you are staying in U.K.).

@bhaskar singh,

if wife will not appear you get rcr decree in your favour.  file execution petition.   she will not comply with it.  wait one year from the date of rcr decree and file divorce petition and get divorce decree.