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Living in UK with British Nationality and want divorce from Indian National (2 Posts)
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20 January, 2017 01:35PM
Living in UK with British Nationality and want divorce from Indian National
newlife7 - 20 January, 2017 01:35PM

I am finding myself in a terrible time of my life and any guidance will be much appreciated!

I am a British national after naturalisation in 2010 married (in India) to an Indian national living in India. We have 2 children under 18years and I moved along with them to India to live with their father about 4 years ago. We have slowly drifted away and I really want to separate and return to Scotland with my children.

1.Can I unilaterally apply for divorce in Scotland?
2. The children are British nationals too and does the law allow them to remain with me in UK?

many thanks
Re: Living in UK with British Nationality and want divorce from Indian National
davidterry - 20 January, 2017 05:34PM
If you were born in India, you have lived there for the last four years and your husband is Indian it may be that the UK courts do not have jurisdiction. That is because in order to be able to issue a divorce petition here you need in these circumstances to be either resident or domiciled here. If you were born here then there would probably have been no problem about claiming that you are still UK domiciled but if you were born in India and now live there (especially if you have retained an Indian passport) it may be that the reality is that you are domiciled in India.

Ordinarily you cannot remove children from their country of habitual residence without the permission of the other parent or the permission of a court of the country in which the children normally reside.

Since you both live there and you have done for four years I guess you can seek a divorce in India but you would need to speak to a lawyer there about that.
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