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aruna12345 (aa)     10 October 2012

Please advise !

 

HI ,

 

 

 

 

 

Its 7 year I and My strange husband married in Delhi with Hindu ritual , Marrige register and have marriage .

 

 

 

The we moved to UK. As My husband is UK citizen . I have permanent stamp on my passport ,however I am  carrying Indian Passport .

 

My marriage is on end .I have 7 year old kid .

 

We being separated since one year , as he used to abuse me and kid .

 

Now he filled Divorce and property consent .and on property consent he don’t have wish to give anything to me

 

 

 

My question is –

 

I married in India . My all stuffs which came from my parents side , Money which given to them and all expenditure what My family spent for marriage is in India with my Inlaws .

 

The jewellery when gifted by my inlaws and my family is with them and with my husband , He never returned me back .

 

They took all.

 

I am doing job here and taking care of my kid all alone .

 

He doesn’t give me any maintainance , He don’t work since long time . However he have property which rent income coming to him every month .

 

Apart of this he have property on Dubai . Some of the money I contributed .

 

He taken and finished all my money . I am just serviewing now just due to job .

 

My question is , He applied for Divorce here in UK . How I need to do so that My rights as india and as a hindu marriage act will be safe . and What else I can get and apply . I am in UK. But My family is in India .

 

I can come once to apply .but I need to go back to UK as My kid school and my job is here .

 

Please advise .

 

Some where I heard that we can challenge this Divorce as our marriage was as a hindu act marriage .

 

Please suggest me .I will be thankfull to all of you



 2 Replies

Guest (Guest)     10 October 2012

A foreign decree of divorce can be challenged in Indian on very limited grounds which have been enumerated in CPC.

In India you have the right to seek maintenance, return of istridhan u/s 406 IPC and the right to residence and protection.  

The law of maintenance in India is skewed in favour of women more than in any other country. With some rare exceptions, the liability of the husband to maintain his wife is inescapable.  Once a conclusive decree of divorce has been passed by a court of competent jurisdiction in UK which envelopes within it the amount of maintenance to be paid to you, you cannot subsequently seek maintenance from him in India as equity will operate against you.

You may decide accordingly.


Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

1 Like

Waren Siegel (Independent Lawyer)     11 October 2012

Rightly put by Advocate Davessar.

 


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