• Divorce jurisdiction

I married an Indian national in the U.K. where we reside. My husband has maintained links with India through family and business ventures. Can he initiate divorce proceedings in India and would it be advantageous for him to do so?
Asked 8 years ago in Family Law
Religion: Muslim

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4 Answers

1) if the marriage was solemnised in UK then divorce has to be filed in UK unless the marriage has been regsitered in Uk with indian embassy under provisions of foreign marriage act or registered in india

2)contested divorc e proceedings in India drag on for 5 years atleast

3) it is not in his interest to intiate divorce proceedings in india

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

1. Are you an Indian also like your husband?

2. If no then you shall have to file the divorce suit in UK where you got married.

3. If yes, then also you can file the divorce suit in UK since your marriage had taken place in the UK as per UK law.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

It is not sure why the question of divorce is arising.

Anyway the Indian national irrespective of place of solemnisation of marriage can apply for divorce in India.

If he is non resident then he can do so through Power of Attorney.

If you elaborate your query then further advice can be given.

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

Since he is a citizen of India he is free to apply for dissolution of marriage in India. There are no advantages/disadvantages for him as one who files the case has to prove his case.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

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