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RahRamJosh (Software Consultant)     16 March 2013

Divorce after 2 yrs of separation

Dear Experts

Following are my circumstances.

I have been separated since 2 years and the divorce case is also pending for almost 2 years.

Lawyer says that settling the issue by meeting the other party's demands is the quick thing of getting divorce else there is wait for at least another 2-3 years

Is there anyway, I can avail divorce in UK when my Ex is in India. Currently I am contesting divorce in India on valid grounds of cruelty ?
On what grounds will the divorce be granted in UK ? Is separation for 2 years deemed as valid grounds for divorce in UK Will there be any grant of maintenance from UK court ?

I am aware that UK divorce is not valid in India. However, this will at least deem me as a divorced person in UK.

After a grant of maintenance, what are all the procedural steps I need to undergo through Indian court should I opt for contesting instead of giving in to her settlement demands.

Thanks & Regards


 3 Replies

Advocate M.Bhadra   16 March 2013

Divorce granted abroad valid: HC

Published: Monday, Oct 29, 2012, 8:00 IST
By Mustafa Plumber | Place: Mumbai | Agency: DNA

The Bombay high court recently quashed and set aside an order of the Bandra family court allowing a wife to live with her estranged husband overlooking a divorce decree passed by the judicial district court of Harris County, Texas, United States of America.

According to the court, a wife cannot exercise her right to live with her husband in the US by invoking the provisions ofrestitution of conjugal rights in a Mumbai court once she has contested and the local court in US has declared them as divorced.

While setting aside the order passed on July 31, the court said, “Once the decree of divorce is granted by a foreign court after the parties submit to its jurisdiction and after contest or agreement, the marriage stands dissolved. Nothing further survives in the marriage. Therefore conjugal rights cannot be restituted.”

The couple married in 2006 and went to the US in the same year. They lived together there until 2010. In the meantime, they had disputes and the husband filed a petition for divorce on the ground of irretrievable breakdown of marriage, and cruelty. The wife filed a counter claim. The parties applied for, opposed and ultimately accepted an interim order by consent.

The interim order restrained the parties from entering each other’s places of residence. The husband was told to pay house rent, car and motor cycle loan and phone bill up to the end of July, 2010.

After this interim order was passed, the wife came to India on August 22, 2010. She filed the petition for restitution of conjugal rights and an application under the Domestic Violence Act against the husband, his father and mother. The wife instructed her attorney to withdraw her counter claim and sent emails to the court in the US. Hence, the petition for divorce filed by the husband was to proceed without a counter claim and without her defence.

The wife argued that the judicial district court in the US would have no jurisdiction and the decree of divorce passed would not become a final judgement conclusive upon both parties. She further argued that the grounds for divorce would be different in the courts of the US and hence no decree of divorce can stand in India. She also said that the parties were domiciled in India and the Hindu Marriage Act, 1955 would apply.

The high court, however, dismissed all her contentions and set aside the family court order, thus holding the divorce granted by the foreign court as correct.

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Manish Udar (www.Mehnat.IN)     16 March 2013

If you are already fighting a case in India, any divorce obtained abroad may be deemed as evasion of due process of law in India.

Matrimonial Litigation

Goutam Prasad (Advocate)     17 March 2013

In furtherance of discussion as one of the replies as above, I have to inform that the same is not a new position. Supreme Court has already made the precedent that only ex-parte divorce granted abroad wherein respondent has never appeared and represented will not be recognised by Indian courts.


Now comminy to the answer of question, I suggest to make amendment to the patition and invoke desertion too as ground of divorce. Proceed with divorce already filed in India agressively with proper legal legal assistance.


Goutam Prasad



Mob: 9810753838

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