Jurisdiction

[Kleank]

Dear all,
I,d filed for divorce in India which was dragged for 7 years by the narc. Issued fresh petition in Uk and withdrew that ( in that order). All of us are Uk citizens and majority of married life was spent in Uk. But he is contest8ng jurisdiction. And wants to reinstate my disposed as withdrawn petiti9n in India. At my wit,s end with h8s usual unreasonable and sadistic behaviour,. What can I do please

Where are you living now? How long have you lived separately?

The courts in England & Wales have jurisdiction if one of the following applies:

• you and your husband are both habitually resident in England and Wales

• he is habitually resident in England and Wales

• you are both domiciled in England and Wales

• you are habitually resident in England and Wales and have been for at least a year

• you are domiciled and habitually resident in England and Wales and have lived here for at least six months

If one of these apply you should file for divorce here. He can contest jurisdiction if he wants but he won't get anywhere. If you are unsure you should consult a solicitor. Don't let your husband bully you.

does it matter that I initiated the divorce first in India and then withdrew it to start proceedings in UK?

Marriage broke down irretrivably since 2020. We've been separated and living in different countries since 2013

Does it matter that I'd filed for divorce first in India? I gave it agood 6.6 years and he dragged it vexatiously. I then issued fresh petitions in Uk and withdrew that.

@Kleeank

Does it matter that I'd filed for divorce first in India? I gave it agood 6.6 years and he dragged it vexatiously. I then issued fresh petitions in Uk and withdrew that.

No. If the UK courts have jurisdiction you can go for it. I would recommend consulting a solicitor who specialises in international divorce law.