Manisha 14 November 2017

Divorce from foreigner

I need help, my brother (Indian) married a European woman in India (Special Marriage Act) in 2011, in 2013 they moved to Abu Dhabi where their son was born in 2015 (child has mothers citizenship and OCI). In 2016 they went to her country and after a fight she decided not to go back to Abu Dhabi. She filed for a divorce there and my brother even though he never received a court invitation heard of this and hired a lawyer to represent him there. As he saw that he will not have many rights over a child there he was adviced to start a case in India. As there were no other grounds for a divorce in India we had to make a case stating that mother is an alsoholic and abusive and my brother asks for a sole custody of the child. She never appeared on court, but the case is going on in her absence. My brother appeared on court there and gave his statement and the other case is still going on. She never accepted the court invitation from India, only proof is receipt of email which his lawyers sent, though she did not reply and his lawyer over there submitted Indian case on their court session. So far nobody submimtted to Indian court that there is a case going on in Europe as well. I am wondering if my brother gets a decree exparte can it be valid abroad? Knowing that his wife never signed a receipt of Indian court invitation can she say she was not aware of it. And also if she prooves that allegations made against her are false can we have consequences? I am very worried, it is difficult to fight a case like this...

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6 Replies

kunal “#unconventional #Aquari 14 November 2017

Manisha ji as long as long as grounds in divorce decree are substantially same as those in India, it will be recognized by Indian courts. However it cannot be affected by fraud/coercion etc.

you may email me the case details at: basu_kunal@hotmail.com. I am an advocate specializing in these matters.

Kind regards...
Advocate Kaybee

Vijay Raj Mahajan (Advocate) 14 November 2017

I'm handling such cases in Indian courts where divorce from the foreigners is being sought by Indian nationals. The Family Court in the present given case will proceed ex-parte against the respondent who is living in the foreign country as the service of summon through the Ministry of Law in India and Indian Embassy in her country takes very long time to get expedited and the email of the petitioner or his lawyer will be good ground for the Family Court to proceed against the respondent if no defense is received on the fixed date from her directly or through her lawyer.

The ex-parte recording of evidence of the Petitioner husband will be followed with the argument and final order for divorce by the Family Court. The decree of divorce issued by the Indian court shall be by all purposes valid in all countries in the world. The legalization by the Ministry of External Affairs, in India by affixing Apostil stamp on the certified copy of the judgment, order and decree of divorce issued by the District Court will be required.

Contact me for detailed case discussion and consultancy: vijaymahajan5758@gmail.com

Dr J C Vashista (Advocate) 15 November 2017

Very well advised by experts, I agree.

Nothing more to add.

Dr J C Vashista (Advocate) 15 November 2017

I am handling such cases in Delhi, if you feel, may contact me at:

e-mail: majjagdish@ yahoo.com

Cell # +91 98911 52939

SHIRISH PAWAR, 7738990900 (Advocate) 15 November 2017

Manishaji if you are in Mumbai you can contact I am handling such cases in Mumbai.

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