Divorce petition in uk for the marriage happened in india

dear friend since you had married in india the divorce decree that you might get in uk is not valid in india unless the divorce is a mutual consent one

Saravanan Sir,

Thanks for your kind reply. 

As it is been three 3 years of deadlock, I am hoping filing divorce petition in UK, "at least" make them realize the seriousness and will co-operate for the peaceful divorce after receiving divorce notices. 

Most of the times my thoughts/attempts are theoritical and ideal, but not practical and realistic. Not sure if this attempt also would go waste.

but Indian law is completely gender biased .....female gender have provison with ... Most miss usable laws like 498a, 353, DVDs 3, and 4..no matter how good you are, no matter how genuinely you speak.

and our few corepted police there to sell their own mothers.

even some ignorent women protection Union leaders...

funniest thing here they won't admit themselves as culprits ...simply challenges you may be we are mother f**kers ...." If you are innocent prove yourself in court"

here our most bendable indian laws ....with  few over talented prosecutors  who can play negative and positive roles...by dragging  case years they suck your valuable life.

in these Devils game " they say she is victim" but you are the real victim loose of carrier, loose of money, loose of prestige, finally even if you win ...that will be a victory after sacrificing all.

intrestingly girl party may get Devils happiness ..nothing more.

most beneficial characters are police, lawyers.......their stipple food is your quarrel.

how ever as a real indian woman with full respect to indian tradition all I can say.

think every possible way ... Do the best...as a 498a fighter supporter .. .. I wish good luck to you in all

Vidyaji,

UR analysis is entirely wrong in concept and logic.Not all men are Lord Rama's and not all women Sita Devi's. To clap we need both the hands, to make the marital life full of roses both the husband  have to strive for it.Individually I don't support either the husband or the wife, just hearing to what the husband says would be seeing one side of the coin only and vice versa.Marriage institution,traditional values have disappeared into the oblivion a long time back and now it has become even worse.Today women are equal to men in all aspects,they are not lagging behind.Most of the family laws are supportive to women only.They have a right to drag the entire family of the husband to the door steps of police stations and courts.

Now comming to the querist"Mr.HONEST"

If U R a citizen of Britan U can give a POA to any of UR trusted relatives or friends to file the divorce case in India on UR behalf and represent U in the court of law.But if demanded by the court U may have to present urself at least during corss examination.But the POA has to routed through the Indian Embassy in London duly attested by the Officials.

in the first para it should be read as both the husband and the wife

@honest,

You can file divorce petition in UK if you meet the requirement of law applied there.  But you must ensure the following facts: 1.  The divorce shall not be on the ground of "irritrivable break down of marriage" or "temperamental differences".  You can file the divorce petition there on the two grounds (a) cruelty (2) desertion by wife without having any valid reason for more than two years continuously at the time of filing the petition.  Check up whether these two grounds are available in matrimonial laws of U.K.  Once you cross this hurdle, then one more hurdle you have to cross over, that is, in your divorce petition, you should give your wife full opportunity to defend herself.  If she is living in India, she is not economically and also socially not equipped to stay in UK and engage a competent advocate, despite you get divorce decree in U.K. Indian Courts strike it out.  So, while you issue a notice to the wife before going divorce, in express terms you should indicate her that you are willing to meet the travelling boarding, lodging and as well as counsel expenses to be borne by her.  After doing that you may go and get your divorce decree.  But, even then, in Indian Courts she has got a right to challenge the divorce decree that she could not be given sufficient opportunity to contest the case in foreign land and generally Indian courts like to list towards a wife rather than a husband who obtained decree in foreign land.  In qua child custody, if the child ordinarily resides in India, the custody order of U.K. won't be accepted by Indian Courts.

Prabhakar (Advocate)

(M)9958670740

Delhi.

@Vidya:

 Many thanks for your inputs Mam.

@Sainath Devella: 

Many thanks for your inputs Sir. I am not British citizen. I have tried my best to end the marriage mutualy by speaking myself directly and through mediators. It did not work out for 3 years. I have tried these options without any ego feelings, to give an example to the society that either live happily together (or) separate happily, but don't fight like uncivilized animals.I Also believe that while marrying we did not ask any court, so now also we should solve the problem together sparing the judiciary to solve really urgent and important problems useful to the wider society.

I admit that my approaches and thoughts are theoritical and ideal, did not work in the real life at least in my case.

So I have come to this final option. 

@Prabhakar  : 

Many thanks Sir for providing the detailed inputs. I will discuss those options  when I meet the solicitor here.

@honest - Sorry for what you are going through. I guess this kind of people sit at home, gossip and watch all the mega serials that goes on and on.....

Hope you get relived soon. Do you want to get married again?

Wish You Good Luck.

Dear Prabhakar Advocate Sir,

Many thanks for your kind inputs in the previous post. 

Would there be any benefit in filing the divorce petition in India instead of UK?

I am planning to file it in UK, beacause they would file false cases after receining divorce notices. Already they had threatened 8 times. They are jobless people. I don't want to waste my time and go throught unnecessary hell with false cases. 

Please advice. 

Hi @ honest

dont worry too much ...and don't depend much on advocates ..there are few to miss led you.

contact Mr. Srinivas Reddy in UK  07779663123 or 07587771432 

he is member of save indian families.

they Gaide you on right path.

tell him your friend Sree has given number 

even in UK there are 100's of 498a sufferers ...they all helping each other... My friend too for security I don't want to reveal his details .once you approach Srinu you will come to know.

good luck

Rightly assisted by Vidyaji

Dear @Vidya,

Many thanks for your kind help.