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Hi, thanks for your question. Please confirm:
-Is the marriage a legally recognised marriage in India?
-Are you in England or Wales?
Do you reside in England or Wales as your permanent location?
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
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?
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.
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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.
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.
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.
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