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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am british national. I had a niqah to indian national in

Customer Question

I am british national. I had a niqah to indian national in india. I called her here to uk on a 6 month visit visa. On the visa aplication i did say she is my wife. She returned to india. She wants rights to my assets. Does she have rights to my assets even though she is in india. There is no marriage certificate. Just a niqah that was performed in india. She is in india now
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

If your niqah was not registered in India if it was required to be registered under the local law there, then it would not be valid under local Indian law and therefore not recognised in the UK.

However, if it was valid in Indian law, then there it may be valid here in the UK.

The fact that you said she was your wife to sponsor her for a visit visa application to the UK does not really matter as such, the fact remains that unless your niqah was valid under Indian law, she would not be your lawful wife under UK law.

Can I help further?
Customer: replied 2 years ago.

Do you know if it was required to be registered in indian law.


It took place in 2012 in new delhi.


It was just a niqah. There was a ceremomy and there is photographs.


She is in india and has no visa. Can she make a claim over here

Customer: replied 2 years ago.

We had our niqah in delhi in 2012.


Did it require to be registered.


Does she have rights here in uk to my assets.


Even though she is not here


 


 

Expert:  UKSolicitorJA replied 2 years ago.
I am afraid I cannot advise on Indian law and you may wish to check with a local lawyer there or with the Indian High Commission in the UK if your niqah should have been registered to be valid.

If your marriage was lawful and recognised in Indian law, then it would be recognised and valid in the UK and she could make a claim over your assets in divorce proceedings, she does not need to be physically present in the UK to do so.

However, if she does not have a UK visa and is not in the UK, she may find it difficult to claim your assets here unless she appoints a UK lawyer to act for her.

Hope this clarifies. Please remember to leave feedback

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