quesNon residential Indian for divorce.

I am an Indian national, so is my (ex)-wife. I am a UK resident since 2009, and my (ex) wife came here in Feb 2013 We married in India in sept. 2012, and she migrated to join me in UK on 20th Feb 2013. Now, I have filed divorce petition in a UK court on 19th May 2014 and submitted the original marriage certificate with it. We are waiting to hear from the court.

I have a few queries- While the case is under consideration at a UK court, can she go to India and file for a divorce there? If we get a divorce here, can she go to an Indian court and apply for maintenance there? Given the fact that she is able bodied and has a masters degree from India, is she likely to get any maintenance if she applies through an Indian court?

  • ansAs per your queries my opinion is as under, while the case is under consideration at a UK court, yes she can return to India and file divorce case here against you. Yes she can file maintenance case in India.

    Given the fact that she is able bodied and has a masters degree from India, if she is unable to maintain herself and left your company with sufficient reason then she will be entitled to get maintenance otherwise not.

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