manish 26 April 2018

Is divorce filed in uk valid in india?

Hi,

I am a British citizen married to an indian girl. We got married in India in 2015 and have no children. We both reside in the UK but have seperated and the Home Office is aware of this. My wife is currently on a spouse visa which is due to expire.

If I file for a divorce in the UK but my wife does not attend the hearing (i.e. in fear of deportation) - would the divorce be valid in India to prevent case such as 498a?

How can I make sure the divorce will be valid in India?

I appreciate your help.

Thanks

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2 Replies

anav6259 26 April 2018

It is valid in India.

Refer Supreme Court of India judgement: Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr (SC) (1991 SCR (2) 821, 1991 SCC (3) 451)

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Anand 27 April 2018

The answer is yes and no. If you both reside in the UK then, the courts of the UK have the jurisdiction to hear the divorce petition, and it should technically be valid in India also. But I have seen Indian wives in the past come to India and contest the divorce from a foreign court as being invalid. If summons is served to her in the UK and she turns up to the hearing then she has wilfully agreed to the jurisdiction of that court.

Anything can be contested on any grounds here in India if she wants to fight it out, so i would advise to keep all documents and papers with regards to her stay in the UK. Go ahead with the divorce, and if any problems like 498a arise in India, deal with them at the appropriate time.