deepsundeep (APM) 09 April 2012

Marrying a divoce guy....

Hello,

Please I need a quick advise.

I am based in India and in love with a person who was married once and has been separated with his wife, currently he lives in the UK and has filed divorce case in England court. He is a genuine guy and was tortured by his wife and that could led him for separation and proceeded with divorce. His nationality is still Indian. He has 2 years of old son who currently lives with his mum and in the divorce paper he has agreed that not to fight for his child custody.

I truly love this guy but i have few concerns if you could please kind enough to reply in good faith:

-1. He is about to get the divorce in England and as per English lawyers that divorce decision is applicable in India as well. Could anyone who understands the International laws please confirm this? ( as i said person who has knowledge of international laws he only should confirm)

-2. About financial settlement he is ready to do one time settlement, once the settlement is done are there any other possibilities that she could trouble us?

I want to live with this guy but getting so many irrational thoughts such as what if she comes back or what if his son creates any trouble legally for me or for my future kid in near future.

Is there any important bit i am missing? if so please do let me know.

As i mentioned above he is a very genuine guy there is no doubt about him and belongs to a very simple medium class family and it was bit of unfortunate for him to suffered like this. so please I would really appreciate if you could do not make any assumptions or comments on his character. I am looking forward to hear from you.

Many thanks

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3 Replies

Adv. Chandrasekhar (Advocate) 09 April 2012

I do not claim myself as expert in international law, but know a little bit, so I venture to express my opinion.

If he takes contested divorce decree in foreign court, it will be valid in India only,

1. If the ground of divorce on which he sought it and got it is available as per Indian Matrimonial laws. If such ground is not availabe in indian matrimonial laws, such divorce decree can be challenged.

2. the wife has been given fair opportunity to contest the divorce case in foreign land. If she says that she is not financially sound to go all the way to that country and engage a costly advocate and put up herself there though out litigation period, then divorce decree can be challenged.

3. the court granting divorce decree followed the principles of fairness and natural justice. if any violation is shown in the court proceedings, the divorce decree can be challenged.

REGARDING MAINTENANCE / ALIMONY:

If the amount has been derived after mutual understanding, generally she cannot challenge. But if the court grants permanent alimony, in future, if she does not marry, she can move application for maintenance due to raising cost of living etc. The child will not forego his rights in ancestral property.

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deepsundeep (APM) 09 April 2012

Many Thanks Chandu.

he is taking divorce on the basis of behavioural issues and she is well informed by two procedures:

1. The processor has been hired to server the divorce paper and he went in person to her address but her parents refused to give any details of her however the processor guy handed divorce documents to them and submitted an affidavit mentioning about his visit and handing over the documents to her parents. Apart from this they have tried their level best to track her down but failed to do so. As per English court you need to show enough proofs to prove that you have taken all the possible steps to find her and if you still can't find her then absolute decree nisi will be given following by decree nisi.

2. also speed post and a registry post have been sent containing divorce paper to her permanent address.

Adv. Chandrasekhar (Advocate) 09 April 2012

behavioural issue is a generic term where as in Indian law, "cruelty" is a specific term. If the acts attributed to her in his petition comes as cruelty or not to be seen.

even though the process of service is complete as per English law, as per Indian law, she has ample scope to challenge such divorce decree granted by english court.

my suggestion to protect your interest is, that he may seek divorce in Indian court and obtain it. (I know in India it is a time consuming process and also have some other adverse consequences).

have a nice day.