revathyasa (student) 09 October 2017

How to stop exparte divorce from nri husband in uk

hi,

i was married on may 2016, my husband lived with me only for 20 days and he left to uk. there was a problem in my husband house.. my mother in law and my brother in law ( husbands younger brother) staying in their house... my brother in law went to hill station when i was staying in that house for 20 days with my husband.. after my husband left... my brother in law came home.. on that same night i saw my brother in law slapping my mother in law for money that he need to buy alcohol... i was scared... after sometime he was fully drunken and unconsious and he is throwing the food and vessels from kitchen... i run away and locked myself into my room. i didnt come out even to use toilet. they have hide this problem to us before marriage,, i called my husband... he acted like signal problem while i am informing this situation. i called him again he blocked my numbers and he didnt bother.. next morning i called my parents and informed them. they came suddenly and informed my husband family that she will come back when her husband will come.. my husband was angry with me and he started to torchure me to stay in that house. he started blackmailing divorce.. he keeps finding fault for divorce without compensation. i have one younger sister.. she ran out of house and got married. my parents didnt accept her. my husband family find her contact,,, they brain washed her to get our property share. please tell you sister is not good as witness.. we will also join you. the problem is i had boyfriend in college time. i used to chat in fb with my sister those experience because i was studying in uk at that time.. its just a flirt. she gave that fb chat message to my husband.. my boyfriend was not good.. so i dropped him.. my sister boyfriend was not good, so i informed my parent to save her life.. she ran out and married that guy.. she is struggling now and she wants money. now she is taking revenge... keeping that fb chat my husband trying to get exparte in uk. he is uk citizen... i have send legel notice to my husband.. he is not responding.. i didnot receive any notice from him ... i am confused how is that possible without my knowledge or presence to divorce and that divorce decree is valid to india... how to stop this??? please help me

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7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 October 2017

Mam,

Where did you get married? You can file a case for cheating and get your married annuled under these circumstances and seek compensation.

See you cannot stop him to take the foriegn divorce decree, all you can do is File you cases parllelly in India and contest those cases on merits.

For more on Validity of Foriegn Divorce Decrees you can read my article

https://kapilchandnaadvocate.wordpress.com/2017/05/22/validity-of-foreign-divorce-decree/

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

revathyasa (student) 09 October 2017

We got married in india and got registered marriage certificate

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 October 2017

Mam,

Good, but to be honest most of the men are taking the divorce decree outside India, but if those decrees are not found valid in India, then its not a valid divorce as per Indian Law.

See if you think that this marriage can continue, you can file RCR and seek his response.

If you think that the marriage cannot be continued, then file Annulement of marraige, Seek maintenance ...

Regards

Kapil Chandna Advocate

9899011450,9911218741

revathyasa (student) 09 October 2017

sir ,

currently i heared recently high court of mumbai has announced foreign divorce decree is not valid in india ... a guy from dubai filed exparte divorce.... his wife appealed in high court .. high court ordered to restart the divorce case in india ....

Adv Radhika Mehta (Advocate) 10 October 2017

Yes, any order obtained by your husband from the UK Court will not be valid in india. However, if he has no intention of ever returning to India, an ex-parte decree from UK will suit him just fine.

To stop him, you can either be represented through legal aid in UK and challenge the jurisdiction of that Court to hear your Divorce Matter or alternatively You can initiate parellel reliefs here. Do not worry about that FB chat as what happens before marriage is not considered by Courts.

Samir N (General Queries) (Business) 10 October 2017

Foreign divorce decrees are valid in India subject to many conditions. First both parties should have got equal opportunity to litigate their defenses and claims. An ex parte decree will not be accepted otherwise - 100%! Things actually get more complicated with NRI situations under the Hindu Marriage Act. If you want to get married or divorced under this Act, at the time, one must be domiciled in India and the other must be willing to subject himself/herself to the provision of the Act. If both are domiciled in India a divorce under a different Act or Law would not be valid in India. The law is clear that parties can get divorced under the law under which they were married. Domicile itself is a complex subject but presuming that your husband is an Indian citizen on a posting abroad, he would be a domicile of India. Difficult to conclude without knowing detail facts but prima facie appears that you NEED NOT BE WORRIED ABOUT divorce decree granted by a foreign court under the circumstances/facts narrated by you. I have been through similar situatiion as a husband and know the applicable laws.

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Samir N (General Queries) (Business) 10 October 2017

Read the Supreme Court Judgment under SONDUR GOPAL VERSUS SONDUR RAJINI. It was an appeal from the Bombay High Court. It will help you understand many issues related to your situation.