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R.K.Nalwa (Advocate)     31 January 2016

Divorce ( nri husband & indian wife

ACTUAL CASE

A marriage between NRI ( Green Card Holder) male and Indian female was performed in Delhi , India in Arya Samaj Temple. This marriage was duly registered in Delhi . The husband stayed in India for a week only and left for USA. Subsequently , visa application was submitted to the appropriate authorities . The visa application remained under process  about two years .  In the meantime, the irreconcillable differences appeared between them due to compatibility problems. The husband is matriculate only whereas the wife is post graduate in science. The husband gave wrong information about  his property , income , date of birth and made false  promises that he will arrange funds for her education i.e.  Phd in USA. The husband has never sent any money for his wife towards expenses  since their marriage. His nature and behaviour is quarresome.The wife has no trust in her husband as well as his family who are residents of USA.In other words , this marriage is devoid of love , care and affection . The wife has not yet received her VISE nor she intend to go to USA. Due to un-predictable behaviour of her husband , she is not interested to go to USA due to fear of her security and life.

Kindly advise how a divorce can be obtained under such circumstances.

NKR

 



Learning

 2 Replies


(Guest)

As marriage took place and registered in Delhi, parties need to apply for divorce in Delhi.

 

To obtain divorce you need it to file it under section 13b where both mutually agree to divorce, file it in family court and part ways.  However, 1 year must be completed for parties to file divorce.

R.K.Nalwa (Advocate)     07 February 2016

Thanks for your reply.

I shall be grateful if you kindly advise on the following points:-

No.1   -  If the NRI husband do not visit India  for the mutual consent divorce. What is the remedy ?

             ( He has not visited India in the last three years after marriage)

No.2   - He has not sent any money for his wife in last three years. Can the wife claim maintenannce from her husband . If yes How?

( Wife has not visited USA yet, nor received VISA )

No. 3 There is a lack of mutual trust , confidence and faith . The couple cannot be expected to live together and their bond seems to be broken irrepairably.


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