• Is my divorce valid in India?

I was married in India 2002 under special marriage act. I obtained divorce in. UK 20223 on the grounds of behaviour of respondent being abusive. Is this divorce valid in India. At the time I applied to courts I was separated for more than a year. And my ex lived in UAE and still does
Asked 11 days ago in Family Law
Religion: Hindu

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10 Answers

Abusive behaviour would mean mental cruelty 

 

divorce decree would be valid in India 

Ajay Sethi
Advocate, Mumbai
97773 Answers
7921 Consultations

Since your marriage was done as per Indian law but the divorce was granted under foreign law on the ground which is not the same ground under which the divorce in India is granted, the said divorce if disputed by your wife in India would not be recognised. If it is ex parte divorce then your job is more difficult. 

However of your on coming to know about this divorce your wife remarries then your problem is solved. 

Devajyoti Barman
Advocate, Kolkata
23389 Answers
525 Consultations

If your divorce case was not participated by her and the divorce case was granted in her absence then it is considered as exparte divorce which is not valid for the marriage that was solemnised in India as per Indian laws.

T Kalaiselvan
Advocate, Vellore
87975 Answers
2369 Consultations

Since by the whole of U.K. comes under Reciprocating Countries recognised by the Government of India, divorce decree obtained from U.K. is recognised in India.

Shashidhar S. Sastry
Advocate, Bangalore
5472 Answers
331 Consultations

Abuse of petitioner by respondent is not a valid ground for divorce  under SMA, though cruelty is. But abuse is not cruelty. Your divorce obtained in U.K.  on the  ground of abuse is not valid in India.

Ravi Shinde
Advocate, Hyderabad
4547 Answers
42 Consultations

If it is obtained unilaterally then get it validated in india.

G.Rajaganapathy

Advocate

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2264 Answers
8 Consultations

If the said divorce was mutual consent or contested with the wife then it’s valid unless challenged on grounds which are not a ground for divorce under special marriage Act

Prashant Nayak
Advocate, Mumbai
33063 Answers
215 Consultations

 

A divorce obtained in the UK under the grounds of "unreasonable behaviour" may or may not be automatically valid in India, depending on specific factors.

Under Indian law, a foreign divorce decree is recognized if it meets the conditions laid out in Section 13 of the Code of Civil Procedure, 1908. The key points to consider are:


  1. Jurisdiction – If the UK court had proper jurisdiction based on your domicile or habitual residence, it strengthens the case for recognition. Since you were residing in the UK and applied there, it is more likely to be accepted.

  2. Grounds for Divorce – The Special Marriage Act (SMA), 1954, governs your marriage in India. Divorce under SMA is typically granted on grounds like cruelty, adultery, or desertion. If "unreasonable behaviour" aligns with "cruelty" under Indian law, the Indian courts may recognize the UK divorce.

  3. Ex-Parte or Contested? – If your ex-spouse participated in the UK divorce proceedings or was given proper notice and had the opportunity to contest but chose not to, it is more likely to be valid in India. However, if it was an ex-parte decree (where your ex did not appear or contest), it may face challenges in India.

  4. Not Against Indian Public Policy – If the UK court followed principles of natural justice and the divorce was not obtained through fraud or force, it is more likely to be recognized.

What You Should Do Next?


  • Mutual Recognition – If your ex does not contest the UK divorce in India, it is unlikely to be challenged.

  • Court Declaration in India – To avoid future disputes, you can file a declaratory suit under Section 7 of the Family Courts Act, 1984, in an Indian family court to confirm the validity of the UK divorce.

  • Re-Marriage Consideration – If you plan to remarry in India, obtaining a court order confirming the foreign divorce is advisable to prevent legal complications.

If your ex-spouse does not challenge the divorce, you are unlikely to face issues. However, if she disputes it in India, the Indian courts may reassess the divorce validity based on the above factors. Consulting an Indian family lawyer for further clarity is advisable.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
318 Answers


Is Your UK Divorce Valid in India?

Validity Depends on Recognition Under Indian Law (Section 13 CPC)


  1. Mutual Consent Divorce in UKValid in India if both parties participated.

  2. Contested Divorce (Ex-Parte or Without Spouse's Participation)Not automatically valid in India.

  3. Grounds for Divorce Matter

    • If the UK court granted divorce on grounds not recognized under Indian law (like "irretrievable breakdown"), it may not be valid in India.

    • Cruelty/Abuse is a valid ground in India, so it may be recognized.

Next Steps:

  • If your ex did not contest the UK divorce, you may need Indian court recognition via a declaratory suit.
  • If ex is willing to accept divorce, no further action needed.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
667 Answers
3 Consultations

- If the said divorce is not granted on the mutual consent in the presence of both the parties then the UK decree is not valid in India. 

- Further, if you have filed the divorce petition in UK Court and an ex-parte order has been passed in her absence then that Decree is not valid in India. 

Mohammed Shahzad
Advocate, Delhi
14873 Answers
225 Consultations

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