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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Is a divorce deed sent to a Union Council a valid divorce in

Customer Question

Is a divorce deed sent to a Union Council a valid divorce in Islam? Even though the nikkah was done in India and registered. Can it be a valid divorce with divorce certificate sent to the UK resident who married in India. As he got married in January 2016 well me to be honest. And since under UK law a marriage can only be divorced after one year of marriage if I filed for divorce in the UK.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Please confirm:

-Is the marriage a legally recognised marriage in India?

-Are you in England or Wales?

Customer: replied 1 year ago.
It is registered so I would think so.
Customer: replied 1 year ago.
I am s UK born citizen.
Expert:  Harris replied 1 year ago.

Do you reside in England or Wales as your permanent location?

Customer: replied 1 year ago.
I am a UK a citizen born and raised in the UK my whole life. I went to India for 3 weeks on a holiday in January 2016. Come on man give me some real answer.
Expert:  Harris replied 1 year ago.

Where in there UK do you reside. I cannot give you an answer as the laws are different for England, Scotland and Northern Ireland and I need to see whether there is jurisdiction to pursue a case

Customer: replied 1 year ago.
I live in Bolton.
Customer: replied 1 year ago.
I am a Muslim the nikkah marriage was done in a mosque in India in the village of Ikhar. But it is registered now I want a divorce all the marriage certificate is in India as I sent a divorce deed. But they are now saying they have to show a UK embassy a letter but I doubt they have to. So if they are not willing to end this marriage quickly then I'd rather have all the marriage certificate back and file for divorce myself when I legally can in the UK by January 2017.
Expert:  Harris replied 1 year ago.

Thanks. I will respond to the English divorce issue in your other question but in relation to the Islamic divorce, has the Union Council issued the divorce deed and approved it, or only your spouse?

Customer: replied 1 year ago.
No because the girls uncle who's dealing with all this hasn't. My solicitor tried to make him understand that I don't need to go to a family court as this divorce can be done quickly by sending the divorce deed to the Union council or whatever is called in India. He is not being truthful at all.
Expert:  Harris replied 1 year ago.

Thanks. It will not be a valid Islamic divorce until it is approved by the Council and in any event the Islamic divorce will not be considered a civil divorce under English law and it would be in your interest to pursue this here in January 2017, as well as a clean break order as thr divorce does not end financial claims against you by her which would have been created by virtue of the marriage.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 1 year ago.
I have marriage certificate copies will that be valid to file for divorce if they don't hand over the original marriage certificate as they would be refusing to hand it over. Therefore I am not allowed to get married agin in India. What can I do in January 2017 cause I'm kinda stuck.
Expert:  Harris replied 1 year ago.

Please refer to my response to my to your second question which covers applying using a photocopy of the certificate. You need to use form D11 and a £155 court fee alongside the divorce petition.

Customer: replied 1 year ago.
After that I will have no problem divorcing as long the girl signs the divorce document.
Customer: replied 1 year ago.
Whether they send me the original marriage certificate back or not.
Expert:  Harris replied 1 year ago.

You will only be able to apply for divorce at that time under unreasonable behaviour and do not require her consent. She has the right to defend it if she argues thst the marriage has not broken down.

Customer: replied 1 year ago.
It would be unreasonable if they don't send the original certificate back. After all this mess is cleared I want to go back to India to marry again. The marriage has broken down I haven't spoken to her for months. That's unreasonable behaviour if they refuse to hand over the original copies. She will not be able to marry a UK citizen again if they refuse to hand over the orginal certificate as she wants to come to UK.Am I right about all that? Answer my final question in depth. So I understand everything.
Customer: replied 1 year ago.
As you have confirmed I can divorce without original marriage certificate.
Expert:  Harris replied 1 year ago.

I was referring to unreasonable behaviour by your spouse towards you that has led to an irretrievable breakdown of the marriage. Unless there has been adultery which is admitted by your spouse, you will only be able to pursue a divorce if you can demonstrate unreasonable behaviour by your spouse towards you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.