My ex-wife and I are both Indian citizens. I’ve lived in the UK since 2010, and she joined me here in 2013 after we married in India in 2012. I filed for divorce in a UK court in 2014, and we’re awaiting their decision. I’m wondering, can she go back to India and file for divorce there while our case is ongoing in the UK? If we get divorced here, can she then seek maintenance in an Indian court? Considering she has a master’s degree and is able-bodied, would she likely receive any maintenance from an Indian court?

Apni Law
Apni Law
Law Forum › Category: Divorce › My ex-wife and I are both Indian citizens. I’ve lived in the UK since 2010, and she joined me here in 2013 after we married in India in 2012. I filed for divorce in a UK court in 2014, and we’re awaiting their decision. I’m wondering, can she go back to India and file for divorce there while our case is ongoing in the UK? If we get divorced here, can she then seek maintenance in an Indian court? Considering she has a master’s degree and is able-bodied, would she likely receive any maintenance from an Indian court?
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Apni Law Staff asked 2 years ago

My ex-wife and I are both Indian citizens. I’ve lived in the UK since 2010, and she joined me here in 2013 after we married in India in 2012. I filed for divorce in a UK court in 2014, and we’re awaiting their decision. I’m wondering, can she go back to India and file for divorce there while our case is ongoing in the UK? If we get divorced here, can she then seek maintenance in an Indian court? Considering she has a master’s degree and is able-bodied, would she likely receive any maintenance from an Indian court?

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Apni Law Staff answered 2 years ago

Indian courts can only hear divorce cases if both parties are resident in India. Your ex-wife cannot file for divorce in India while your case is ongoing in the UK. Regarding maintenance, an Indian court might consider her maintenance claim, but considering her education and ability to work, it’s unlikely she’d receive substantial maintenance.

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