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Indian Property division when divorce filed in the UK.


16-Jan-2023 (In Divorce Law)
Hi, I have been married for nine years and have a 7 year old child. My wife decided to end this marriage in the UK and sent me the notice on unreasonable behavior grounds. I have received decree nisi in August last year but my wife is not applying for decree absolute. I can now apply for decree absolute as respondent but her solicitor is blocking me and asking for financial settlement of Indian property first. We have joint name loan properties in India and more than half of the loan is still outstanding. My question - Does UK court have a powers to issue and enforce property division order when property is not in the UK and based in India ? - Divorce is filed here and not in India. We are now British citizen and surrendered Indian passport years back. But we did arranged marriage in India in 2011. - Can my wife keep decree absolute on hold and filed for litigation case for our property in India while we are still officially husband and wife ? Do Indian court accept this ?
Answers (2)

Answer #1
809 votes
See yours is a typical situation. UK court doesn't have legal jurisdiction to decide about property situated in india and therefore it cannot pass order in that regards. For your next question, I suppose you may legally call upon your wife to...

Answer #2
995 votes
First of you have to make it clear where you both are either in UK or in India. If marriage is solomnised in India, Jurisdiction to file divorce Petition is where marriage took place or where currently spouses are residing. So far as regard to property only Indian laws will adjudicate on it bcz. property is in India.

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