Legal Question in Family Law in India

My sister is going through some tumultuous times in her life and he case is somewhat complicated.

We would appreciate if you can find some time to go over the details and give your expert opinion on this matter !

Details of the case

1.My Sister is currently a citizen of India (she holds permanent residency in the UK)

2.She was married to a then Indian Citizen (who is now a UK citizen)

a.place of marriage was Mumbai.

3.she and her husband have a child from their current marriage who is 3 years old and is also a citizen ok UK by birth.

4.They have had a rocky relationship from the last 2 years and she can no longer bear the mental trauma any more.

a.there has been no physical abuse

b.all the abuse is mental in nature.

5.She has left her home in the UK and is currently staying with her parents in Mumbai. Her son is back in the UK with his father.

Questions

1.Can she file for divorce in the Indian court (Mumbai) ?

a.Does the Indian court have the authority to decide about child custody when the child is a UK citizen ?

b.Does the Indian court have the authority to grant a divorcee and impose fines/alimonies on the husband who is a UK citizen ?

2.Would the courts in UK honor the Judgment of the Indian court ?

thanks in advance for your help and time


Asked on 8/28/14, 10:40 pm

1 Answer from Attorneys
prasad patil

Dear client as marriage is happened in India so Indian court can decide divorce and alimony. She can file divorce on the ground of cruelty in Mumbai. She can also file child custody petition here as both parents r original indian citizens by birth hence child also have Indian citizenship by birth. U k court have to honor the verdict of Indian court. For any legal help call me on 9422611385

Adv prasad patil

Pune

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Answered on 8/29/14, 12:55 am


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