My Indian Divorce

asad2k · Post by **asad2k** » Mon Jul 17, 2006 11:15 am

Hi,

When i was on a work permit in the UK i got married to an indian girl in Dec 2003 and got her along unfortunately things did not work out between us and in December 2004 she went back to india. subsequently in December 2005 i gave her a divorce. The divorce papers i signed were not court papers but islamic divorce in font of two witnesses. I was given to understand this divorce was valid under muslim personal law in india.

Subsequently i now have an ILR and am marrying again, would my second wife get her settlement spouse visa? is the islamic divorce valid for uk visa purposes?

I have not informed the IND of my divorce, is that a requirement? what is the best way about this?

any info will be highly appreciated.

Thanks
Asad

ppron747 · Post by **ppron747** » Mon Jul 17, 2006 4:33 pm

I don't know the answer to the question, but the following may give you a clue...

When they're dealing with an application that depends on the validity of a marriage, the BHC in New Delhi requires a "marriage certificate issued under the provisions of the Special Marriages Act 1954 or Hindu Marriages Act 1955". It also says "An affidavit or other document in lieu of a proper marriage certificate will not be accepted".

I know that isn't about divorce, but it seems to me that if they're that particular about marriages, they're likely to take a similar line on divorces. I think you may need to go through civil divorce proceedings either in UK or in India.

Just my $0.02....

Post by **John** » Mon Jul 17, 2006 4:56 pm

I think a good starting point would be this IND document. That will give you some clue whether your divorce is recognised by the UK. Don't just assume that a divorce in one country is recognised in another.

If the UK still thinks you are married, then a UK-recognised divorce will need to proceed any re-marriage.

Brit Chick · Post by **Brit Chick** » Mon Jul 17, 2006 7:12 pm

I know someone who used their islamic talaak (divorce) papers in a subsequent application, but like with the nikkah papers, you would have to get attested and translated copies to submit with the originals for the application.

asad2k · Post by **asad2k** » Mon Jul 17, 2006 9:23 pm

Thanks for the replies.

I can get a proper marriage certificate in english from the registrars office in bombay, a civil court procedure will take time would it be advisable if my wife applies for spouse visa with the current islamic divorce papers and if it is rejected apply for her a visa as a visitor and then when civil procedure is through get a spouse visa?

Also if a visa is rejected in a category is there a restriction of period that you have to wait before we can re-apply?

ppron747 · Post by **ppron747** » Mon Jul 17, 2006 10:19 pm

I don't pretend to be an expert on these matters, but it seems to me that if your future wife is rejected for a spouse visa, her chances of getting a visit visa may be substantially reduced. I think the point is that, in considering whether to issue a visit visa, the ECO has to consider the likelihood of the applicant being content to leave the UK at the end of the visit. That fact of the applicant's having already tried to get a spouse visa would cast substantial doubt on that.

Have you taken legal advice already? How about a UK divorce, if you're living in UK?

asad2k · Post by **asad2k** » Wed Jul 19, 2006 10:25 am

Hi,

Thanks for the advise. can i get a civil divorce in UK? i am still an indian citizen. also i heard my wife and me have to stay seperated for two years before i could file a civil divorce - is that true.

brit_chick: someone who you knew got a spouse visa on islamic divorce papers was he/she from india? any more info from this that can help he?

take care
asad

ppron747 · Post by **ppron747** » Wed Jul 19, 2006 1:36 pm

I think it does involve a two year separation - but's that's will come up in only a few months time, from what you say. And I don't think that the fact of your not being British would make a difference to whether you can gain a divorce in the courts here. Why not try googling, to get some background information, before taking proper legal advice ?

Post by **John** » Wed Jul 19, 2006 3:33 pm

i heard my wife and me have to stay separated for two years before i could file a civil divorce - is that true.

Strictly if you want a yes or no answer to that then the answer is .... no!

In the UK there is only one ground for getting divorced and that is that the marriage has irretrievably broken down. But there are a number of ways to prove that and two-year separation is only one such way. Adultery is another way and that certainly does not involve a two year time period.

A quick search on Google has thrown up this webpage (click) which has a lot more detail.

asad2k · Post by **asad2k** » Fri Jul 21, 2006 12:06 am

Sorry guys to go on and on.

I was looking at the british high commission of india website, it also mentions in case of polygamous marriages only one wife is allowed to get a spouse visa. so in principle if i do not show that i have had a divorce (islamic divorce) doesnt that solve the problem?

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My Indian Divorce

My Indian Divorce