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Uk no fault divorce valid in Mumbai, India or not ?


07-Aug-2023 (In Divorce Law)
I am British passport holder, y wife is Indian passport holder lboth living IN UK with 7 year old child. I wish to file NO FAULT DIVORCE in UK due to mental harrasment and legal threats given to me by wife and her family in Mumbai India. Is UK NO FAULT DIVORCE legally valid in INDIA if I submit DECREE in India after case is closed in UK ? UK NO FAULT Divorce came into effect in April 2022 so very new law in uk. Is it legally valid in India ?
Answers (2)

Answer #1
767 votes
Divorce should be on grounds recognised by Indian Law, meaning only on the grounds under which the divorce can be pronounced in India the Divorce Decree is valid. No Fault Divorce is not a ground recognized in Indian Law, thus a divorce decree on this ground which is not recognized would be invalid in India. You need to apply for a mutual consent divorce in India.
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Advocate Rahul Mishra

Adv. Rahul Mishra

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Answer #2
915 votes
The basic rule as to acceptance of foreign matrimonial-judgment is that the relief must have been granted in accordance with the matrimonial law under which the parties are married. Sec 13 CPC stipulates that acceptance of a Foreign Divorce Judgement is depended upon the eventuality – whether it is pronounced by a court of competent jurisdiction. What is ‘court of competent jurisdiction‘ has not been made clear in the CPC.
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Advocate Pankaj Bajaj

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