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Victim   31 January 2018

Foreign citizen divorce

1). We Both are Hindus Married June 2005 under in INDIA
2). 2007 she filed 498A&DVC but later the case closed under elders intervention Where the police  
     report stated as Mistake fact and just to put fear in the minds of our family.
2). We Both are (UK) foreign citizens holding British Passport from 2012.
3). We both divorced in 2012 and she contested with the help of solicitor, I have filed for Divorce on the cruelty and threatens.
4). We both have foreign Domicile UK.
5). We both are living apart without children.
6). She filed fresh 498A & DVC in Feb-2014 where she appeared for hearing for first six months (6 times only) since then not appearing currently living in UK since then but I'm attending court for every hearing without absence, but she is absent but couple of times but recorded as present in the Docket once judge himself given present and other time bench clerk while was in UK.
7). I' not holding any of her passport copies.
7). where I have married her without dowry and paid full Marriage expense.
8). Please do not tell that my counsel can represent put judge, but previous judge was there for 2years regularly and when we mentioned that we have divorced started giving dates and the present judge is there for later 2 years where she comes only for 2days and told her we have divorced since then started giving dates how many days it will continue like this.
9). Recently applied for CA of entire Docket order(4Years) it is pending for 2months i was going in circles, they says i shouldn't ask for 4years, is this true ?
10).I want to fight this see the end of it, until now lose huge salary & job but where she is enjoying her personal life in UK.
11). Paid amount to my counsel but he is not helping, and he is local in Ex-wife's place.

Please let know these

1). Is this case is maintainable in INDIA for Foreign citizens.
2). I want to fight see the end of it.
Please help me and help honesty & Truth.
Thanks for your help in advance.
 
 



Learning

 6 Replies

anubhav Bhatt   31 January 2018

Dear client better if you contact us then I will elaborate properly about your anyways yes it's maintainable because marriage has been solemnised in India.
Advocate Anurag Bhatt
Allahabad High Court
Mobile or what's app 9198889990

Victim   31 January 2018

I will contact you, this means it is a Law shopping?

we are not lived in INDIA for even 1 week ? both are UK Citizeten not dual citizen we took Oath to bind  UK and Domicile and she contested through her solicitor.

Can you give me one Good reason.

AS per LCI Report 65. this is not maintainable.

Vijay Raj Mahajan (Advocate)     31 January 2018

Hindu Marriage Act,1955 Section 1(2) clearly states: that the Act extends to whole of India except the State of Jammu & Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

The Supreme Court in its landmark judgment in Sondur Rajan vs Sondur Rajini Civil appeal 4629 of 2005 held : "Bearing in mind the principle aforesaid,
when we consider Section 1(2) of the Act, it is evident that the Act extends to the Hindus of whole of India except the State of Jammu and Kashmir and also applies to Hindus domiciled in India who are outside the said territory. In short, the Act, in our opinion, will apply to Hindus domiciled in India even if they reside
outside India. If the requirement of domicile in India is omitted altogether, the Act shall have no nexus with India which shall render the Act vulnerable on the ground that extra-territorial operation has no nexus with India. In our opinion, this extra-territorial operation of law is saved not because of nexus with Hindus but Hindus domiciled in India."

What one can conclude from this viz a viz your foreign citizenship and domicile of a foreign country and not domicle of India, that Hindu Marriage Act,1955 will not apply to both of you and if there is a divorce taken by both in a foreign contry that will not be null and void just because you at some time got married in India according to Hindu form of marriage and can get marriage dissolved only in India under the Hindu Marriage Act,1955 which as mentioned above because of your not having indian domicile will not apply to you even if you both are Hindus by religion.
 

I don't know what your lawyer till date has beeing doing in your case with his limited knowldge but what is the latest legal position I have informed you here. I got one such divorce petition filled under the Hindu Marriage Act,1955 by Hindu wife having permanent residency of USA  against the USA citizen and domiciled Hindu husband dismissed in District Court, Alipore, Kolkata on the basis of the above case law of the Supreme Court of India.

Victim   31 January 2018

Dear Mr.Vijay Raj Mahajan 

Many Thanks for your valuable advice, my councel only interested in setteling the matter paying huge sums to petioner, where both (Council & Petioner ) locals i'have to travel 150KM for every hearing. Petitioner absent 2 times but how can they mark present including judge, her lawyer everytime presenting absent petition (20 times) judge accepting how can i deal with this. As soon as any foreigner approach they think we are like money minting machines.

Filed quash petition same situation got only dispense with, they didn't recognise.

Do i need to take separate Divorce in India ?

Can I file DVC? or Cheating case.

And plese can you give us your contact details.

Thanks

 

Victim   31 January 2018

In My case I meet all of them

 

6 Conditions To Validate Your Foreign Divorce Decree In India

In various judgement and particularly in Y Narasimha Rao and Ors. Vs. Y. Venkata Lakshmi and Anr, Supreme Court (1991)  Hon. Supreme Court has set the conditions to validate a foreign divorce decree in India. These are –

  1. When the divorce is granted based on grounds recognized by Indian law – Cruelty / Desertion / Adultery etc. are some of the valid grounds of divorce in India. So any divorce granted on any of these grounds by a foreign court will be valid in India too.
  2. When provisions of Indian law are not breached – If the marriage or related divorce procedure follows Indian laws, a foreign divorce decree will be valid in India. For example, Indian Muslim Laws does not recognize Mutha Marriage (marriage of a short duration) and hence a divorce decree for this kind of marriage is not valid in India.
  3. Decree pronounced by a court with right jurisdiction–This means that the court is either at a place where the said marriage was solemnized or where the parties had lived last as husband and wife or where the respondent lived. One cannot travel to a foreign country to obtain divorce and expect that to be valid in India.
  4. Decree that followed Principles of Natural Justice – The decree should have been obtained after a fair process of trial with both parties equally represented. This makes ex parte decrees from foreign courts invalid in India.
  5. When the divorce was decided on merits of the case – This is possible when both parties are equally represented and evidences of both parties were presented and discussed in the court.
  6. The decree was not obtained by fraud / coercion – Any decree obtained through fraud / coercion is not valid in India.

Vijay Raj Mahajan (Advocate)     31 January 2018

My contact details very much available in my profile here. Anyhow you can email me for detailed professional case discuss and consultancy. vijaymahajan5758@gmail.com

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