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Can a decree of a foreign court be executed in India
22-Nov-2023 (In International Law Law)
I am a UK Citizen. When I was in India, I got married to Mrs. Xyz under Special Marriages Act 13 years back. I found my wife moving with someone else. I got a divorce in India. After this, I moved to UK. Few years back she came to UK on some business. Here at UK she moved the court against me on molestation grounds. The decree is favouring her. I am afraid she may move the court in India to attach/claim my property which I have at India. Can she use this decree of UK Court against me and my parents? She may now ask for alimony. My child is 12 years old. Can I have custody rights?
Yes. She can move the Court either in India or at UK to attach/claim your property, if you have continued relationship with her when she moved to UK. She can use the decree of UK Court against you in both the countries. She can implead your parents also. She has the right to ask for alimony if living relationship existed between you two at UK. Assuming this latter scenario, you have equal right for child custody.
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ 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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