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Validity of foreign judgement passed in UK
07-Aug-2023 (In Child Custody Law)
I'm an India national currently reside in the UK. My wife and 6-year old daughter lives along with me in the UK too. Our permanent home is in Noida. I have currently filed a divorce petition in the UK (yet to be served). My question is related to the child custody. If my wife decide to leave UK after the petition has been served. Can she seek legal help in the India to forcibly repatriate my daughter from the UK? To note, my wife is currently unemployed and has mental illness is being treated in the UK currently. Religion: Hindu
You should take up the custody issue in UK too. If she come back here there is nothing you can do to stop her from filing a case against you with respect to any aspect of matrimony whether divorce or custody. However you can take certain preemptive steps to strengthen your custody issue for which we will need to discuss in detail. Feel free to contact me for a detailed consultation via telecom or email.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Sir there is some loop hole as when the wife is suffering from mental illness then how could you file the petition for divorce and how did the senet in UK accept the petition . As only Indian court accept this type of petition . And on other hand why would she come to India with out the kud and how will she get the visa for same
As you have filed divorce on ground of mental illness . Am I right or wrong .
As you have filed divorce on ground of mental illness . Am I right or wrong .
Helpful?
If your marriage was solemnised in India then the foreign divorce decree will be given finality here. She will have rights to institute the case in India for child custody and age and nationality of the child may be taken into consideration amongst other factors when deciding the matter
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Adv. Praneeta Sharma
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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