Rights of foreigner wife
Deepak Nair
(Querist) 17 January 2012
This query is : Resolved
Dear Sirs,
This is a case regarding a European woman married to an indian man. Their marriage was regsitered under the Special Marriage Act. The couple were living happily for more then 3 years. They brought a propery and started a resort mainly for foreign tourists. The money was spent by the woman for purchasing the property and setting up a resort.
Now the relation has become sour. The man wants to seperate. The girs is in a fix. Now she realised that the man was only after her money and now, when the business is settled well he wants to leave the girl.
Now my query is that:
1. How can the girl claim her right on the property? (Property is purchased in the name of the man, but entire money spent by girl)
2. Can the european girl purchase land in India in her own name?
3. Is there any remedy for the girl to get back the money and the property?
4. What other remedy is available for the european girl to save the marriage and also the property and money??
Kindly advise.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 January 2012
After marriage the lady has become Indian and she has all the rights under Indian laws.The crucial point is who is in possession and control of the property.
V R SHROFF
(Expert) 17 January 2012
Deepak,
Such cases are rare.
No citations or court proceedings are available.
Even my brother's wife is foreigner, and rich, so I too have personal interest knowing her rights, especially in family property.
will search in few days and let u know.
Advocate. Arunagiri
(Expert) 17 January 2012
Mr.Tom,
Please see the query, you have mentioned of marrying a foreigner.
Deepak Nair
(Querist) 17 January 2012
Dear mr.JSDN, the property is in possession and control of the Husband who is runnig the resort.
The wife is now gone to her country in europe.
She feels that she is cheated and wants to know what can be done in such circumstances??
Will she lose her Indian citizenship after divorce??
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 January 2012
If she is interested to retain than she will remain Indian due to marriage even after divorce.
If interested in property she can instantly get rights but she will have to come to India.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 January 2012
SHROFF SAHEB THERE ARE NO OF CASES.
For instance case of SMT SONIA GANDHI., all powerful lady of India.
Deepak Nair
(Querist) 17 January 2012
Dear Mr.JSDN, thanks a lot for the guidance.
i lok forward for the advises with regards to actions which can be taken by the girs to recover her money.
R.Ramachandran
(Expert) 17 January 2012
Dear Mr. Deepak,
There is a saying in Tamil whose English version goes like this:
"A cane which goes into the mouth of the elephant and a life which goes into the hands of Lord Yama never comes back."
Thus, the lady who mindlessly spent her money with no documentary evidence in her favour, cannot hope to get anything back!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 January 2012
Law is logic and there is never last word in legal fora, that is why there are revisions,appeals and courts and courts and courts.
Whenever there is wrong there is remedy , you have to search and go on searching.Lost hope lost the game.
"Once you start working on something, don't be afraid of failure and don't abandon it. People who work sincerely are the winners ."
- Chanakya
Raj Kumar Makkad
(Expert) 17 January 2012
I differ with the views of some experts to the effect that soon on marrying, a foreign origin wife becomes Indian Citizen. Indian Citizenship can be acquired in such cases only under Indian Citizenship Act but you have not mentioned anywhere whether Ministry of External affairs had provided such citizenship in her favour or not.
So far as matter of fraud is concerned, she can file a criminal case under section 420 IPC against him seeking strict action against her so-called husband. she can also use the use the force of embassy of her country situated in India so that proper action may be got initiated by police and speedy trial by courts as done by Jodhpur criminal court wherein a foreigner was raped and trial had ended within 17 days.
So far as property matter is concerned, it is very lengthy and time taking procedure. She shall have to file a suit for possession with declaration to the effect that the property belongs to her on the basis of her investment/money etc. and you know Deepak the fate of such suit.
Fradulantly occupying person is in possession of the property and the real owner is on road......Indian judicial system, time, energy, other factors .....
Even if that lady is ready to fight, she can definitely achieve results as she is legally wedded wife of such person and has been made a target of criminal conspiracy.
V R SHROFF
(Expert) 17 January 2012
Saab, Foreigner cannot become Indian citizen immediately on marriage.
3 yeas , stay of min 180 days p.a., surrendring foreign passport, apply indian cit all thes taks 3.5 years.
no tme to give further details
V R SHROFF
(Expert) 17 January 2012
JSDN i agree Sonia Gandhi.but she s the most powerful politician, today in india, and a special case.a exception
Deepak Nair
(Querist) 18 January 2012
Dear Sirs,
Thanks a lot for enlighting me on this issue.
Now i would like to disclose one thing that the man in question is a distant relative of mine. The european girl is a very good human being and we too share a good relation with each other. She was attracted to the indian culture and family systems.
After all these developments she contacted me for legal help. She wanted divorce which i advised her regarding the procedures and guided her well. She is not desirous of initiating criminal action aganst tbe husband, but asked me regarding legal remedy to claim the huge amount of money spent by her.
I tried to speak to my relative (her husband) but not responding well.
He being a relative and good friend of myself and my wife i too am reluctant to advise and support the woman for criminal action.
But if want to do something for her as we (myself and my wife) are the only persons whom she contacted for help.
Looking forward for further advised from you. I too am doing some research and update you as soon as i get something.
prabhakar singh
(Expert) 18 January 2012
1. What proof she has that for properties bought in her Indian husband's name all money was invested by her?????Also that what resources the husband has to buy property of that value if he claims his own investment?
2.No!
3. There must be but for that you do need to prob facts more deeply.
4.The remedy in civil side, even if formulated, shall prove so frustrating for her due to slow and seedless justice system.Criminal side remedies, if there are ,they may prove daunting due to her being a foreigner.
J K Agrawal
(Expert) 18 January 2012
Dear sirs
I do not know any law by which a women becomes indian only by marrying an Indian.
Nor I Know any law which says that after marriage the property of a husband becomes property of wife or property of wife becomes property of husband.
Here the relation of husband and wife as far as it relates to property depends only upon the intention of parties when the transfer was made.
If at the time of transfer of funds the intention of wife was to help husband without intention of taking back the money this amounts gift and she is having no more rights.
If the intention of her was to advance money for some while so that the husband can sattle himself and family and after earning money he will return back the money. This transaction is of bailment and she is entitle to recover back.
The matter is governed by law of contracts.
prabhakar singh
(Expert) 18 January 2012
Form facts so far declared I can term it a fraud by abuse of position,the problem is how our law civil and criminal deals the topic.????????
Deepak Nair
(Querist) 18 January 2012
Dear Sirs, thanks a lot for the advises.
I understand that the only effective remedy lies in criminal proceedings and not in civil for recovery.
She can prove the spending of money by producing her bank records.
But she is reluctant to take any criminal action. I will try to expain her once again.
She is ready for divorce throuh proper channel and on my advise she will be coming to india only for obtaining divorce. Before that my attempt will be to convince her husband for a decision which willbe fruitul for both the husband and wife.
