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Rajesh mehra (none)     12 February 2018

Urgent advice needed

I married a nepali girl in nepal but not registered in nepal and still not registered in india too if she wants to apply for divorce where she will file a divorce and under which law will it come as i am an indian citizen and my wife does not have any aadhar card, or election id and she is not a citizen of india and i will never go to nepal........so can she file 498a or crpc 125 on me or how can she proceed to file divorce on me and what measures should i take now to prevent any loses as i do not have a single penny in my account i live in mother's house so please help me with questions:

1)where she can file a divorce and which laws will be applicable

 

2)what can she claims ..she does not have my income or job proof and she does not know where i work and what is my income.. what maintenance be decided and how

3) i have a baby boy born in india .so can she take him with her to nepal????? what can i do to have my baby with me as he is born in india and he is an indian citizen he is 1 year old now

 



 



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 4 Replies

Adv Radhika Mehta (Advocate)     12 February 2018

When you say that you were married in Nepal, can you elaborate on the procedure of marriage to get some clarity? Where did you both last reside together? 

Rajesh mehra (none)     12 February 2018

we last reside in india and i am in india right now and she is in nepal....how can i get divorce from her without letting her known and what she can do in nepal if i never go to nepal.......and if she comes to india to get divorce what she can claim 

Rajesh mehra (none)     12 February 2018

we married in shiv mandir there 

we last reside in india and i am in india right now and she is in nepal....how can i get divorce from her without letting her known and what she can do in nepal if i never go to nepal.......and if she comes to india to get divorce what she can claim 
 

Adv Radhika Mehta (Advocate)     13 February 2018

Assuming that in the shiv mandir, you got married as per Hindu Vedic rites and ceremonies and that you both were Hindus at the time of marriage, you can file for Divorce and apply for custody of your child in India. 


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