Jatin (NA) 01 March 2013

Matrimonial home in case of nri

Hindu ceremonial marriage not yet consummated and registered.

Man is NRI and not having a home or property in India.The woman lives in India.The couples lived together at parents house for few days.Now in this case where is womans matrimonial home?

If she claims US where her husband lives as matrimonial home then Americans will not accept as couples even with a marriage ceritificate have problem to get visa stamped by American embassy.

Without a matrimonial home how can one file DV or 498a case ?

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 01 March 2013

It is not marriage then. If it is not comes under perview of marriage, no action can be taken under DV act. If the marriage conducted as per Hindu customs, then parents home can be taken as cause of action for DV. act.

Adv. Chandrasekhar (Advocate) 02 March 2013

As per prevailing law in India, marriage is not compulsory registerable and the courts tend to rely the existence of marriage till contrary is proved. And also, domestic violence Act does not insist marriage and the woman in live-in-relationship is also entitled to invoke this Act (in your case, it is not live in but a marriage without registration). Hence, without having any hesitation you can file DV case from the place where the girl is living at present without bothering to file it only where in-laws are living. Consult a good advocate and most of your doubts have no basis and he will help you to file proper cases.