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(Guest)

Helo in getting the case in india dismiss

My Husband is living in UK for 17 years and  working with his current employer for 11 yrs in London. Although he has not taken any permanent stay status here. After marriage I been living with him in UK at our matrimonial home. There were domestic violence reported to police here.
 
My husbands Solicitor has been sending letters from 2013 and also once shared a draft divorce petition Of UK court. Now I Have filed for divorce in UK and my solicitor has informed his. After getting my court papers he has come out saying he has filed for divorce in India a month before also shared scan copy of his Indian Petition. Also he has mis-lead the  Indian court mentioning we both are permanent resident of India and given my old Indian address in court.
 
I have not received any court papers yet in UK. I like to proceed with UK petition because of many reasons and also I like inform Indian court about my state and also I have a small child and do not have sources to fly and attend the case in India.
What shall I need to do?
Can I send a letter directly to family court with supporting documents requesting to put a stay or dismiss the case till the court hearing in UK ?
What will be the best way so the respected Judge can hear me?
I want to stop the proceeding in indian court as i am taking up in UK and we live here
Is there a way to get the case no or petision no of the indian court?



Learning

 8 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 June 2014

You are entitled to file your reply /say in the Indian Court, thru the local Indian Consulate's office.
Multiple applications for the same grievance (means Divorce) cannot take place, in two different countries

.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Adv. Chandrasekhar (Advocate)     09 June 2014

1.  It is important to note on what grounds you sought divorce in U.K. If that one of those grounds are available for divorce under Hindu Marriage Act (I suppose your marriage was solemnized as per Hindu Marriage Act and in India), then the decree that would be passed by the U.K. Court will be valid even in India.  Next, the Indian Courts would also see that whether your husband had the full opportunity to contest the case in U.K. or not.  If he had the opportunity but he did not avail so, then also the decree passed by U.K. would be valid.

2.  Coming to your husband's divorce petition in India, it is not required your address should be Indian one.  If the marriage was solemnized in India then he is entitled to file it in the town where the marriage was solemnized.  If he for his convenience is giving wrong address of the parties and filing the case from that particular place (which is not the place where marriage was held), then that court does not have jurisdiction.

3.  Your inability to come to India does not stop the proceedings.  You engage an advocate here in India and ask him to see that whether the place of the court has the jurisdiction in the matter.  If not it should be contested on that ground at the first instance.  About coming to India and going back, an application lies from your side through your advocate asking the court to provide you coming up and going back air fare charges as well as boarding and lodging charges.  If he does not like to incur that, then his case will likely to be dismissed.

Gautam Kapoor (IT professional Studying Law)     09 June 2014

@Sheela  - Is you husband under under HSMPC or PR in UK., then the question be answered in the right perspective.Please do not be MISGUIDED.

Gautam Kapoor (IT professional Studying Law)     09 June 2014

and also well advised who you take counsel from


(Guest)

 Thanks for all the Advice:

 

 My husband worked and live in UK and filed the case in India  as his family is in Indian.

 

 Yes the case is filled where the marriage took place

 So in this situation, what is the action I can take as the date given is of July.

  Can I send a letter directly to the court in India ?

 Or to approach the Indian Consulate's office would be appropriate?

 Should I have a adv and file a say.. and that case what my options

 How can I appoint and adv from UK?

Gautam Kapoor (IT professional Studying Law)     09 June 2014

the question is still dodged - is your husband a PR/HSMPC or a UK citizen.


(Guest)

No, he is on a work visa.

Msk-need -nuetral- laws (self)     10 June 2014

Sheela,

If he was on temporaray work visa, I think he has jurisdiction to file court case in India as an Indian. You are misguided here.  The court cannot dismiss your husband pettion unless you contest it with valid reasons.


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