Can an Indian couple file for a divorce in UK?

820 votes

You can't file any suit at UK. Since you and yr husband are not the citizen of uk . Hence you will have to file divorce suit in India.After divorce you will have to wait certain time as provided in the Act.

Advocate Ashis Chakraborty LawRato

750 votes

Though as per Section 1(2) of Hindu Marriage Act' 1955, the Act extends to the whole of India except the State of Jammu and Kashmir and applies also to a Hindu domiciled in the territories to which the Act extends outside the said territories. But I think it will be better to file Mutual divorce in West Bengal.

Advocate Sanjoy Acharjee LawRato

586 votes

No. You can't file divorce case from any other country. At the time of filing you must be present before court. Unless you get the order/decree of divorce none of you cant marry again. There is no provision in Law.

Advocate Partha Ray LawRato

552 votes

UK divorce decree is perfectly valid in India if it has not been made under these circumstances; a) Where it has not been pronounced by court of competent jurisdiction; b) Where it has not been given on the merits of the case; c) Where it appears on the face of the proceeding to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; d) Where the proceeding in which the judgment was obtained or opposed to natural justice; e) Where it has been obtained by fraud; f) Where it sustains a claim founded on a breach of any law in force in India. If you are holding a valid decree then file it in the family court havinfg jurisdiction for recognition and enforcement of the said decree .

Advocate Aveek Bose LawRato