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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

ROHIT SHARMA (Legal Advisor )     31 January 2016

Yes, divorce can be sought under such circumstances. The false personification needs to be establshed through cogent evidences. Petition can be filed in India.

If need to be briefied more precisley you need to opt for phone verbal consultation. Moderate renuemration will be expcted to be paid. Get my contcat details by clicking my name shown in the margin of this reply format.

 

R.K.Nalwa (Advocate)     14 February 2016

kindly reply based on the facts stated above for guidance and deciding further course of action


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