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NRI husband and British wife, husband hidden money in India
17-Mar-2025 (In Family Law)
I am British, I have filed for divorce in the UK. My husband is refusing to engage with the divorce and is not paying any maintenance, he has saved all our money in India and I can not access it. I have had my first financial hearing in the UK, the judge has ordered mandatory disclosure on my ex husband. How can I enforce this in India?
Dear ma'am,
Since you have already initiated divorce proceedings in the UK and the court has ordered financial disclosures, enforcement in India is possible under Section 44A of the Civil Procedure Code (CPC), provided the UK order is deemed conclusive under Section 13 CPC. You may need to file for execution of the foreign judgment in an Indian court.
Regarding your husband’s assets in India, you can file a civil suit to claim your rightful share. Additionally, if maintenance has been granted by the UK court, you can enforce it in India under relevant provisions of the Hindu Marriage Act (if applicable) or Section 125 of the Criminal Procedure Code (CrPC).
Given the complexities of international enforcement and asset recovery, seeking legal assistance is crucial. I specialize in such matters and can guide you through the legal procedures to ensure a smooth enforcement process in India. You may contact me for a detailed consultation.
Best Regards
Adv Adarsh Kumar
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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since the case pertains to the UK courts the courts in India will not be able to assist you in the matter directly unless you get the high commission involved. Check on Any financial dealing in India by a foreign national has to be authorised by the embassy of the respective country
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Any Court Order/judgement between reciprocating countries ( here India and Uk) can be enforced by filing an application for the same in the court of the concerned magistrate and the same shall be deemed to be an order from a competent court and executed accordingly thereafter. In this case we can get the order of the British Court executed here in India and get the necessary information giving effect to the disclosure.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Since the UK court has ordered financial disclosure, but your ex-husband is avoiding it and has assets in India, there are legal ways to enforce this. We can initiate proceedings in India to compel disclosure and recover what’s rightfully yours. Indian courts do recognize foreign divorce proceedings, and with the right legal approach, we can make sure he doesn’t get away with hiding assets.
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Adv. Abdullah Akhtar
Delhi | 100+ Answers
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You will have to get the order executed in India through the District Court in which your husband resides or his property is located. UK is one of the countries with which India has reciprocal arrangements for execution of decree/judgments.
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Adv. Sumit
Delhi | 25+ 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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