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RAMESH KISANI (Managing Director)     09 May 2019

Can divorce petition be filed by nri woman in india?

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. 

 



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 3 Replies

Anish Thakur 7018812737 (advocate)     09 May 2019

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.

1 Like

Harendra Kumar (A Practicing Lawyer)     09 May 2019

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

 

Anil Upadhyay (Lawyer)     10 May 2019

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..

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