Rajesh mehra (none) 08 February 2018

Need urgent advice

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

(Guest)

As you have got married outside India, you will both be covered under Foreign Marriage Act, 1969. However if either of you is seeking divorce, a petition can be filed in the District Court, per procedure specified in Special Marriage Act, 1954. Even if it is an unregistered marriage, you can still file for divorce in Nepal & it would be recognized as valid in India provided the grounds are not affected u/Section 13 Civil Procedure Code

Regards maintainance/alimony costs, you would most likely have to pay 25% of your gross salary amount towards maintaining your wife.

As far as your child is concerned, as he was born in India, he being born in India, would automatically be covered under Citizenship Act. Your foreign wife cannot take him away to Nepal as the Guardian & Wards Act confers you natural guardianship rights to take care of your child.

Your wife need not be an Indian citizen to file cruelty or maintainance charges against you. 125 Cr PC applies to all persons irrespective of their birth, race, s*x, gender or otherwise.

You may contact on basu_kunal@hotmail.com if you have any further queries.

Regards

Rajesh mehra (none) 09 February 2018

but without any domestic violence proof how can she proof that i really hurt her and i will not give her divorce.........if she wants the divorce what she can do???? if i am not ready

(Guest)

Dear Mr. Mehra

Your not being ready for divorce does not qualify as a valid argument in court. As my Ld. Counsel friend Ms.(Adv). Nellore rightly mentioned in her post, once your wife approaches organizations such as NCW/DCW etc & alleges any form of hurt, you are in very deep trouble.

Go for divorce by mutual consent. It is way faster than unilateral divorce. It will save you from the financial distress you would otherwise face, given that she is a foreigner.

Rajesh mehra (none) 13 February 2018

what kind of financial distress.......i am unemployed......i have 0 bank balance and i have no property in my name...........and how can she prove in the court that i hurt her.......and only mere WORDING BY MOUTH is enough?????