Divorce/Property/Custody: various
30-Nov-2023 (In Family Law)
We got married in 2006 in Delhi, India while studying for our degrees in the UK. Then, we decided to stay in the UK till 2016 and resettled in India. We converted to UK citizenship in 2015. We have a son born in 2015, who is also a British Citizen. Marriage was a Hindu ceremony registered after the actual marriage.
I was working till December 2017 and then gave up due to family requirements. My husband still works for a UK based company and draws a handsome salary. In the last few years, he has become mentally abusive. Recently, he also has reconnected with old friends (Girls) My questions:
1) If we were to separate, would it be better to file a case in the UK?
2) What happens to the custody of the child as I don't have an income?
3) there are 3 jnt houses in UK, he took 60-80K out of the capital to out and lost it in trading investments without my consent. Do I get a higher share if these houses are sold?
Hi,
Since your marriage was solemnized as per Hindu Marriage Act you have to file for a divorce petition in India, where the marriage took place or where you guys last resided. Child custody can be settled mutually else court will see the welfare of the child before granting custody. You can claim share in the properties
Since your marriage was solemnized as per Hindu Marriage Act you have to file for a divorce petition in India, where the marriage took place or where you guys last resided. Child custody can be settled mutually else court will see the welfare of the child before granting custody. You can claim share in the properties
Hello,
According to the Hindu Marriage Act, marriage will resolve in the same jurisdiction, also according to Indian law you and your child will get maintenance as well as custody of your child. Same applicable for movable immovable properties as well as you have all rights of shares in the property.
According to the Hindu Marriage Act, marriage will resolve in the same jurisdiction, also according to Indian law you and your child will get maintenance as well as custody of your child. Same applicable for movable immovable properties as well as you have all rights of shares in the property.
Hello ma'am. I have perused your legal query. As the marriage was solemnised in India as per Hindu rites and customs in addition to being registered under the Hindu marriage Act, you can certainly file for divorce here. Income is not the only factor looked into while deciding custody issues. The overall welfare of the child is taken into consideration. Age of the children is also a determining factor. As far as the joint properties are concerned, if you decide to separate via mutual consent, a mutually agreeable division of assets could take place through a settlement agreement. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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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