(Guest)

Help needed for british married to indian

I desperately need help!

I am British girl who got married to a muslim guy in India. I got converted to Islam shortly before we got married. I want to know if an annulment of the marriage is possible. I have absolutely no family or friends in india who can help me. I am now back in the UK and living with my parents and we are no longer together.

I lived in India for around 2 years with him after the marriage. He is extremely abusive and scared me into marrying him. He has a lot of political contacts in the city who he tried to use to scare me. A lot of people are scared of him and he uses his contacts and finances to do whatever he wants.

We met in India whole I was doing voluntary work and got into a relationship where he was very kind and loving. But soon he started pressuring me for marriage (he was 30 and i was 22) and threatening me that he would kill me, himself, or both of us if I left him. I soon developed a severe depression and panic attacks and started seeing a number of different psychiatrists in India.

I felt totally pressurised with the marriage stupidly I went along with it out of fear of what I would do if I refused. He promised me that he would come to my country and meet my family (at this point he had not met any of my family).

The marriage was arranged quickly by his friend who was a lawyer and there were only 2 witnesses present (two men who were his employees) and the marriage ceremony was conducted in Urdu which I don’t understand (I only speak English). After 10 minutes I was married and I knew I had made a mistake.

It is now two years later and none of my family have met him despite many attempts for him to get his visa, he is not interested in meeting my family and I feel I have been tricked into marriage. I now realise what an idiot I have been and I feel I must have been truly mentally sick while we got married-I literally must have been out of my mind. I was not thinking straight. I went to see a lawyer shortly afterwards but he found out I had gone and threatened to kill me if I tried to divorce him.

While we were living together he was physically and mentally abusive. His mother even saw him beating me and kicking me one day but did nothing about it. Thankfully I have escaped and I am now back in my country and I never want to return to India.

Shortly After marriage I also found out the following things about him:

-He was previously married to a Hindu girl (who also got converted). They divorced after a couple of years. I has no idea he was a divorcee. While I started going around with him, he was still married to her!!!!
-He has a number of criminal cases pending against him (mostly for physical violence towards others)
-He has been involved in a number of dodgy business/political dealings in the past which I had no idea about

In addition to this, before I left I gave him around 2 lakh to help a family member. He never returned it to me.

I am least concerned about the money. I do not want any maintenance or alimony, all I want is an annullment. I have researched a bit about how to get an annulment but what I want to know is:

-Is annullment possible in my case? If so, what do I have to do to prove mental insanity/temporary insanity?
-Is his previous marriage and his violent threats enough to show that he forced me into marriage? What evidence will I have to give? None of his friends or family will testify against him, they are all very scared of him, like I said I have zero friends or family in India who will help me. I am totally alone.
-What is the annulment process, ho

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6 Replies

(Guest)

I gave him 2 lakh because his family member needed a loan urgently. I was stupid.
I never got it back.

Perhaps I didn't make myself clear in my post-he has criminal cases pending against him but the trials have been dragging on for years. There has been no decision yet. He has not been convicted and has never spent any time in jail.

If anyone can recommend a good lawyer in Kolkata who will not rip off my time and money given that I have little of both now..please advise

(Guest)

How do I serve annullment papers in India without a lawyer? I have no idea

I have no interest in filing a police complaint..already did twice in India that and got nowhere due to his political connections...I just want to be out of this relationship, don't want money property or anything just want the marriage to be annulled.

Adv. Chandrasekhar (Advocate) 15 October 2014

Madam, First let me clarify that I practice in Delhi in India so I know somewhat about indian matrimonial laws and not aware about the position of divorce situation in U.K. But after doing a little bit research, I came to know that a British citizen can file divorce case in England to dissolve the marriage happened abroad in a religious ceremony. The following extract will be helpful for you:

Divorce in English law – is my international marriage valid or recognised in England?

Marriages that took place outside England are, by and large, valid under English law provided that:

§ both of you had the capacity (in terms of age, marital status and consent) to marry under the law of your domicile (or, if you are not from England, Wales or Ireland, the law of the country of which you are a national)

§ the marriage ceremony you went through complies with the formalities of the law of the country in which you were married

Recognition is important as it affects issues such as the right to inherit, tax, welfare benefits, nationality and the status of children, to name but a few. Polygamous marriages (whether actually polygamous or potentially polygamous) may in certain circumstances be recognised in England. This is a complex area which requires specialist advice.

If you married abroad in a civil ceremony which was then followed by a religious ceremony, it will usually be the civil ceremony which has legal effect. However, for example, an Islamic marriage in a mosque will be recognised as valid if the mosque was registered for conducting marriages. Similar considerations apply to marriages in other religions.

Next, I talk about muslim marriages in India. The muslim marriage in India is valid only when both boy and girl are muslims. If one of them is not muslim, to cross over this hurdle, generally before the marriage, the clerge performs ceremony converting the non-muslim as muslim by reciting some scripttures and renaming her. In your case, it does not appear they have given any rename or it may be possible you might have not understood, as every thing happened in URDU. So, let us presume that the marriage happened between two muslims as per stipulated muslim rites and custom. So, the marriage is a valid marriage. To prove the marriage you have to get extract of this marriage from marriage book maintained by the mosque where the marriage happened. If you have already got such certificate, then it is better. On the basis of this marriage certificate, you can file divorce petition in U.K. Courts on the ground of irritrivable breakdown of marriage and get easy divorce. For that you have to consult international divorce lawyer in your place in U.K. If your U.K. lawyer says that is not possible to get divorce there, then you can file divorce petition here in India at Calcutta, where your marriage was solemnized. You see, in India, as per religious rights, muslim men are allowed to polygamy and hence that he had a living wife at the time of he having you as a second wife, does not get you divorce. But, ill treating you, not paying you maintenance, physical abuses, his criminal background (it need not be conviction but his being accused is enough to give you a favourable verdict) and other atrocities perpetrated against you, will bring the relief, what you want. In Muslim Religion, a man can get divorce by proclaiming "Talaq" thrice, but that facility is not given to woman and she has to file divorce petition under "Dissolution of Muslim Marriage Act, 1939". I extract the grounds available under this Act for your information.

2.Grounds for decree for dissolution of marriage.—A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds namely : —

(i)	that whereabouts of the husband have not been known for a period of four years;
(ii)	that the husband has neglected or has failed to provide for her maintenance for a period of two years ;
(iii)	that the husband has been sentenced to imprisonment for a period of seven years or upwards ;
(iv)	that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years ;
(v)	that the husband was impotent at the time of marriage and continues to be so ;
(vi)	that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease ;
(vii)	that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years :
	Provided that the marriage has not been consummated ;
(viii)	that the husband treats her with cruelty, that is to say,—
(a)		habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b)		associates with women of evil repute or leads an infamous life, or
(c)		attempts to force her to lead an immoral life, or
(d)		disposes of her property or prevents her exercising legal rights over it, or
(e)		obstructs her in the observance of her religious profession or practice, or
(f)		if he has more wives than one and does not treat her equitably in accordance with the injunctions of the Quran;
(ix)	on any other ground which is recognised as valid for the dissolution of marriages under Muslim law :
	Provided that—
(a)		No decree shall be passed on ground (Hi) until the sentence has become final;
(b)		a decree passed on ground (£) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the Court that he is prepared to per form his conjugal duties, the Court shall set aside the said decree and
(c)		before passing a decree on ground (v) the Court shall, on appli cation by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he had ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

In this forum you go to experts section and you will find advocates practicing in Calcutta and they will take up your case and get you divorce decree. Warm regards.

2 Like

Sudhir Kumar, Advocate (Advocate) 15 October 2014

A full article has been provided to you by Adv Chandershekhar. Pity people still hold low opinion of indian advocates.

I do not know what criminal case can you file in UK because no crime against you has happended in UK.

It is not a case of anualment it is a case of divorce in a complete nad binding marriage.

It is true that having more than one wife is permitted for Indian Muslim but he has no licese that while conducting second marriage he will hide first marriage from second wife and obtain her consent by deception.

1 Like

Sudhir Kumar, Advocate (Advocate) 15 October 2014

whether in India or UK. or in nay part of world. It is difficult to help those who did their own graves.

1 Like

Adv k . mahesh (advocate) 16 October 2014

after going your query and other views after searching some valuable sites i got some information that even if you apply divorce petition in india and get divorce it is not recognised in britain and you have to apply again in britain for divorce keeping this document

go though this paras and you will be knowing the facts

Marriages Abroad

Generally, if a marriage is legally recognised and valid in the country in which it took place and there was nothing in the law of either person's country of domicile to prevent them entering into the marriage, it will be recognised as a valid marriage under UK marriage law unless there are public policy objections.

This is why a polygamous marriage may be recognised by UK law as a valid marriage even though UK law prohibits polygamy. It is the immigration rules that are then used to restrict the admission of a polygamous spouse.

Islamic Marriages

Broadly speaking, if a marriage is legally recognised and valid in the country in which it took place, it will be recognised as a valid marriage under UK Marriage Law.

For example, Nikah - Islamic Marriage done in Pakistan, India or Bangladesh will be recognised in the UK because it is in accordance with the laws of Pakistan, India or Bangladesh unless age or divorce is an issue.

If a British based person gets married in the Indian sub-continent, the immigration officer will prefer to see whether a Ruksati has taken place. This is seen as an important sign that the marriage is genuine.

Britain does not recognise telephone marriages from the UK, if a party to the marriage is domiciled in the UK.

Domicile

Domicile is an important legal concept. It used to be said 'when in Rome do as the Romans' but that is not always good advice. It is the place that someone sees as their permanent home where they may 'end their days'.

People are born with a domicile origin; usually of the place where they were born (sometimes they can acquire their parents domicile). A person's domicile can be changed; it is up to whoever alleges the change of domicile to prove it. Normally, dislodging a domicile of origin is particularly difficult.

Changes of domicile happen gradually. The question is on this important day (marriage, divorce, death) what was his domicile? Changes of domicile normally happen, depending on the amount of time spent in a country amongst other things.

A number of re-marriages abroad are declared invalid because at the time of the second marriage one of the parties had British domicile and the divorce obtained is not valid.

Divorces Overseas

Divorces obtained abroad will generally be recognised in the UK if they were obtained in official proceedings, are valid in the country in which they took place and in which either was habitually resident in or if either was a national of that country.

A customary divorce, on the other hand will generally be recognised by law if they took place in the prescribed forms in a country that recognises the customary divorce and in which both parties were domiciled, provided that the parties were not living in the UK for the year before the divorce.

In some cases where a person living in the UK performs a customary divorce abroad and then remarries a foreign national, the Immigration officer may argue that a British Court divorce takes place before the person is free to marry again.

Talaq

Talaq (an Islamic divorce) pronounced in the UK is not accepted legally in British law. If you are in Britain, you must get a British County Court divorce.

A Talaq in Pakistan, which is registered with the union council, may be recognised by British Immigration Officers.

As a simple rule, if a British based person has re-married abroad, the Immigration Officers will normally want a valid British Court divorce certificate. If your spouse abroad had previously married a British based person, that spouse may need to show a British Court divorce, even if that spouse never even joined the previous wife or husband in the UK.

The advice is for guidance only. It is not intended to be exhaustive. Immigration rules frequently change at short notice. Check the Home Office website for the latest rules.

refer website: https://www.shiresolicitors.co.uk/

before going through any other steps take your know advocate help and plan accordingly as you may not come to india again or never but you want to marry a person now who can take care you but before meet a lawyer of your local area and take a intelligent step from now on.