Abusive behaviour would mean mental cruelty
divorce decree would be 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
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.
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.
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.
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.
If it is obtained unilaterally then get it validated in india.
G.Rajaganapathy
Advocate
High Court of Madras
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
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:
What You Should Do Next?
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
✅ Validity Depends on Recognition Under Indian Law (Section 13 CPC)
✅ Next Steps:
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.