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Married in India/ ex parte divorce in UK - is it valid


13-Jan-2023 (In Family Law)
My husband is an Indian citizen , and I'm a british citizen, our marriage was registered in India. We lived together for less than two months post marriage, he got verbally and physically abusive. We've been separated for nearly a year now and he's refusing to sign a mutual divorce. Will an ex parte solo divorce from the UK be valid in India? Can I remarry with the UK divorce and will I be able to live in India?
Answers (3)

Answer #1
867 votes
Hi We have a double opinions on this as usually when husbands take Ex- parte divorce in other country the courts in India set it aside but in most cases the husband is an Indian citizen but in your case you are wife and a British citizen if sufficient service and other requirements for same are full filed your Divorce decree of UK court will be valid and you can re marry in India
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

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Answer #2
827 votes
You not hv mentioned that following which religion your marriage has been registered? However, As you are a British citizen and got an ex-parte divorce from UK, it is well accepted in India as per two countries mutual agreements to respect each other's laws. Yes you well can remarry in India.
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Advocate Anand Bali

Adv. Anand Bali

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Answer #3
686 votes
A careful perusal of all the necessary and relevant details is pertainent before drawing any conclusions. A perusal of English family/matrimonial laws is also necessary to understand validity of such ex parte divorce. In India in the absence of mutual consent a contested divorce petition is filed. Further and better particulars are needed for an effective opinion.
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Advocate Tushar Kumar

Adv. Tushar Kumar

LawRatoDelhi | 200+ Answers
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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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