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Wife in India, not complying with UK costs order
My ex is Indian national and filed Form A, (Notice of (Intention to proceed with) an application for a financial order) in January 2013 with county court in London. I initiated divorce proceedings in 2011 in county court, London as ex deserted me and has been living in India since 2009. Ex immediately initiated financial maintenance proceedings in Indian courts after being served the divorce papers. These financial maintenance proceedings are on going in Indian courts. Divorce was made Absolute in 2013 by the county court in London. Both of us made full financial disclosure by way of exchanging and submitting to the court our completed Form E. At the 1st Hearing in December 2013, I was present in person along with my Barrister and placed before the Judge all the facts about on-going litigations in India. My ex did not turn up but was represented by her Barrister on the day. This is inspite of court orders saying that both parties to be present in person even if represented. At the end of the hearing, the District Judge passed an order stating below – Upon hearing counsel for the Applicant and the Respondent IT IS ORDERED THAT – 1. Application for financial orders is stayed until conclusion of the matrimonial financial proceedings 2. Permission to apply to lift the stay on 7 days written notice 3. The wife shall pay the husband costs assessed in the sum of £4500.00 payable within 14 days Inspite of several reminders, ex has refused to comply with the above orders and has not paid my costs. British county court judgements are enforceable in India as long as I have a certified copy of the county court order from the British High court. As far as I understand this, 1) I need to register my county court order with the British High court. 2) Apply to the British High court for a certified copy of the order 3) Enforce this order in India. My Questions – 1. What is the process to make an application for a certified copy of a county court order, from the British High court? 2. What forms are to be filled? What other documents (witness statement, affidavit etc) are to be sent along with the form? 3. What address are these forms to be submitted and how many copies are to be submitted? 4. What fee is payable to the British High court for getting a certified copy of the County court order? 5. If I am paying by Cheque, on what name is ***** ***** to be made, cheque amount? 6. What documents do I need to annexe with my application to the High court? 7. I do NOT have a copy of the costs form that I submitted to the county court. Can High court get a copy of my costs form from the county court OR do I have to ask for a copy of my costs form from the county court and then submit this to the High court along with my application? The costs form that I submitted to the county court was for a higher amount, but I was awarded only £4500 8. I am based in India to contest court cases in India. Do I need to hire a solicitor/barrister for getting a certified copy from the High court OR will making an application suffice? 9. Can I request British High court to also add an interest element of the period elapsed since the order was made PLUS cost of getting it enforced in India (including fees to get the order registered in UK High court, getting a certified copy of the order from the UK High court etc)…Will these costs be added in the final order from the High court?? 10. Any other information I should be aware of? 11. If I decided to engage your services for all of above, what are your fees? Once I have a certified copy from the UK High court, I will get it enforced in India myself.
Even when order given by District Judge in London, do i still need a certified copy of the same from British High court to enforce the order in India?? OR is a certified copy of the district court order FROM THE District Court itself enforceable in India?
I do not have a solicitor as i self represented but hired a barrister at the hearing on 17.12.13.
Here is the copy of the order attached
I do not have a solicitor in the UK as i self represented BUT hired a barrister for the hearing on 17.12.13.
Please see order attached
yes please..i will wait..
Is the delay because of the August holiday season???
i need answers to my queries...
Well, the question is very simple..i may have complicated it in the first place...
The question is -
I want to enforce a UK county court costs order, abroad. What are the steps??
India is a reciprocal country with UK i.e an order by a superior court from the UK are enforceeable in India and vice versa.
Now, as far as know 1) I will need to get a certified copy of the UK county court costs order from the British High court....what is the process for this, how long does it take, forms, fee etc etc?
Once i have the certified copy of the (county court) costs order from the British High court, i will myself get it enforced in India.