Divorce for British Citizen, married in India.

[sansam]

Hi,

I have acquired British Citizenship last year and I was married in India a few years back. The relation between me and my wife has come to a stage where we are thinking of going our separate ways.

Me and my wife both were Indian citizens when we got married. We have lived in the UK for a few years and acquired British Citizenship and Passport. Neither of us has OCI.

If we do want to get a divorce, do we need to get it in India or England? Logically as we are living in England, we should be able to get a divorce in UK but because we were married under Hindu law, would this divorce be valid?

Please let me know your thoughts.

[O_Relly]

However it is still a marriage made in India and registered in India. So will have to be annulled in India I would think as the UK will have no records of the marriage except for the UKVI which may hold documentation of marriage certificate if this was submitted for visa purposes.

Not sure if there is a provision for divorce whilst living abroad by contacting the Indian High commission in London to see if that would be an option.

[CR001]

People married abroad can and should divorce in the UK if they are habitually resident in the UK.

The UK divorce process is NOT only for people married in the UK or those whose marriage is registered in the UK. A valid marriage certificate (original) is required to be submitted for divorce in the UK.

[O_Relly]

People married abroad can and should divorce in the UK if they are habitually resident in the UK.

The UK divorce process is NOT only for people married in the UK or those whose marriage is registered in the UK. A valid marriage certificate (original) is required to be submitted for divorce in the UK.

It doesn't appear as simple as that.

See,

http://timesofindia.indiatimes.com/indi ... 392121.cms

and,

https://in.answers.yahoo.com/question/i ... 152AARURU5

The TOI link says it is not possible if the marriage was under the Hindu Marriage Act, and that divorce would not be recognized in India. However the response in the 2nd link, states that it might be possible if under mutual consent.

[CR001]

I am specifically commenting on divorcing in the UK as habitually resident (given OP and his wife are both British). I am currently going through this process and was married abroad.

[O_Relly]

I am specifically commenting on divorcing in the UK as habitually resident (given OP and his wife are both British). I am currently going through this process and was married abroad.

Ah ok, sorry to hear that CR001. Yes, I agree a divorce is possible in the UK. I was somehow of the impression that OP was needing to know if it would still be recognized and accepted in India.

[CR001]

Ah ok, sorry to hear that CR001. Yes, I agree a divorce is possible in the UK. I was somehow of the impression that OP was needing to know if it would still be recognized and accepted in India.

They could still do the UK divorce and then register in India I suppose. But given that they are no longer Indian citizens, I am not sure this would complicate things.

If either wish to remarry in future, a UK divorce would be preferable to meet the 'free to marry' requirement as they are both British and appear to resident in the UK.