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AN EX PARTE FILE AS DIVORCE AND CHILD CUSTODY GRANTED IN CYPRUS


20-Aug-2023 (In Divorce Law)
I have filed an ex parte case against my european wife who has been granted child custody and divorce through cyprus courts. I have not been able to attend them as i received the notices late. And also my family and me have not seen my daughter since she was born. the marriage was soleminised in Delhi and regisrtered in delhi India Would i be granted divorce in India and how many hearing would i need to attend? As i know she will not contest it basis she doesn't like India and has been granted divorce and child custody already by the european courts. Would the courts give a final decision stating that she nor the child has no rights to mine or my parents property or bank balances? Would the courts decide if i need to pay any child maintaince every month ?
Answers (3)

Answer #1
761 votes
I have perused your query. See you go for a mutual consent divorce if your wife is ready for it. It will not be a contested case and would entail less cost and time. Futher you please share the documents with us and brief us in detail on this to enable us to give our considered opinion.
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Answer #2
933 votes
hello, if marriage is solemnized in India then you have to file divorce in India, as well as custody, Delhi court will send notice through European embassy in India, this notice will go through ministry or external affairs (home ministry). which will be according to our law. For both the reasons she needs to be present in Indian Court for the same. For visitation rights court will decide according to situation. For further details pls feel free to call.
Jayatee Chatterjee
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Answer #3
807 votes
a foreign decree/order/judgment of divorce granted by a foreign court is usually acceptable and valid in India. but if it is obtained by unlawful or fraudulent means, then it can be challenged. will need more details to ascertain the further course of action
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