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Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.
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A foreign divorce decree is recognised by Indian courts. Since you are an NRI couple married in India, foreign decrees may be held to be inapplicable in the following scenarios:
For your second question, there is no concept of division of assets in India. Upon divorce, the spouse is entitled to claim maintenance. Your husband must still, however, provide for/maintain you in accordance with the same status that the wife enjoyed during the marriage.
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The court orders the husband to pay maintenance to his wife after the divorce. In a situation where the husband fails to comply with the maintenance order and doesn’t perform his duty, the court may pass an arrest warrant against the husband in that matter. And in such noncompliances, the court may also attach the property of the husband in order to recover the amount. There are several alternatives to non-payment of maintenance by the husband, that the court may order, to make sure of the compliance of its order.
There are additional legal remedies available. When a husband fails to pay maintenance, the wife may file for execution. If this is not followed, a non-bailable warrant may be issued in the name of the husband. His property could be attached to recover the amount if a court order is issued. When the husband fails to comply with the court's order to maintain his wife, one can also initiate criminal prosecution against him.
It would also be advisable to seek the assistance of a family solicitor to assist you further. To find a local solicitor within your area, you may visit the following website and use their search function: https://solicitors.lawsociety.org.uk. There are many family solicitors that specialize in this field.
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