Can divorce petition be filed by nri woman in india?

Managing Director

Mr. A and Mrs. B, both are children to NRI Hindu Parents. Both are born brought up and settled in UAE.  Their marriage was arranged by families / relatives within same caste - HINDU. Marriage solemnized in UAE in 2010 and it is registered with Indian Embassy in UAE in 2013, under "FOREIGN MARRIAGES ACT".  Coupe has one child of six years, studying in UAE. In September 2018 Mr. A and family kicked out Mrs. B and her child out of their House and now she stays alone in a rended house, for education of her child. She has NOT FILED any Divorce Petition in UAE as she has been advised that if she files Divorce Petition, she will not get any alimony from her Husband as per SHARIA LAW. She has only filed Application before UAE Court seeking directions to her Husband to pay maintenance for herself and for her child, as well as payment of childs' school fees. 

Can Mrs. B file a Divorce Petitiion in Mumbai, India and can she claim Alimony from her Husband? If yes, then the problem is that the passport of her child is retained by the Husband, as such she cannot leave the child alone, to travel to Mumbai to file Divorce Petition. Can Mrs. B execute a POWER OF ATTORNEY in favour of her Mother, attested in Indian Consulate in Dubai,and then her Mother can file Divorce Petition on her behalf? 

Also please guide as to what are the other options available to Mrs. B to get maintenance, Alimony, share from the property owned by family of the Husband etc. Thanks in advance for kind guidance. 

 

 
Reply   
 

if they are hindu and even married under Foreign marriage act , being hindu they will be governed by hindu law not vide shariyat law. as per hindu law any spouse can file divorce petition or maintennace petition where they got married or where they lasty residing or where the respondent is residing presently . 

no petition for divorce can be filed through general power of attorney.


Total likes : 1 times

 
Reply   
 



Querist Ramesh Kisani, If Mr. A and Mrs. B are husband and wife then is Mr. A the sponsor for his wife Mrs. B or it is the other way round? However it looks as if Mr. A is the sponsor of his wife Mrs. B and their child, as you have stated that the passport of child is in the custody of his father Mr. A. So first clarify this fact.
 
Reply   
 

Dear learned sir Anish Thakur, kindly first of all don't treat this query like a marriage between two Hindus, and Sharia law etc. On the other hand one cannot pick up a Indian passport, buy a air ticket to UAE and roam around it's seven Emirates, as if roaming in India. There is something called SPONSORSHIP FOR (ANY) VISA and there are many types of Visa also. So is the sponsorship also for different types of Visa, which may be by a company or from an individual also.
 
Reply   
 
Executive

Sir, Very well explained by you but if, one of them not citizen of India or both then applicabilty of Hindus Marriage act, can be brief on short, for sake of knowledge.

Thanks

 

 
Reply   
 

Dear Harendra Kumar, could you please raise a separate query with some facts? Please don't mind because your query looks like a quiz.
 
Reply   
 
Lawyer

Queriest both husband and wife are resident of UAE, marriage solemnized in UAE, they lives in UAE... They never lived in India, child born in UAE and study in UAE
How can you file divorce in India?? Just they are hindu and marriage is as per hindu rituals..
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu