Marriage of an indian in other country.
NizamHaji Md
(Querist) 02 February 2012
This query is : Resolved
Hi All,
My friend is a muslim and she married a non Indian (arranged marriage) an year ago.
They both stay abroad.Recently she got to know that he was already married and had children living in another country.When confronted he asked her to get married to an Indian and tells her he will divorce her.She is scared as she fears this guy may leave her at anyy time and be absconding.
Please tell me what precautions / proofs she needs to save her legal marriage and to trace the guy if he leaves her.
If he divorces her he needs to pay only her iddah amount as per the law of the land.
PLEASE HELP.
Khaleel Ahmed
(Expert) 02 February 2012
The guy is Muslim foreigner. He can marry more than one woman restricted to four. He can pronounce talaq at any time to break the marriage tie. Your friend is entitled to receive her Meher dower amount with iddah maintenance . You are hereby advised to file a complaint against him before concerned police station about his alleged harassment.If he is absconding register a FIR as man missing. Further your friend can file a writ before High court.
Devajyoti Barman
(Expert) 02 February 2012
She can all the reliefs as provided for Indian Women.
The maintenance does not remain limited to iddat period.
The Muslim women can claim maintenance as long as she remain unmarried for the second time u/s 125 crpc.
The provisions of PWDV Act equally applies to her as well.
Nadeem Qureshi
(Expert) 02 February 2012
Dear Nizam Haji MD
according to your query, i have some questions as below:
1. whether the husband is also Muslim or not?
2. whether the marriage had been solemnized in india or abroad?
your friend has all rights according to indian law. as Mr. Burman explained.
according to Shahbano case or Shabana Bano v. imran khan, SC held that the muslim women can claim maintinence after the divorce un-till remary u/s 125 Crpc.
feel free to call
Raj Kumar Makkad
(Expert) 02 February 2012
# Nadeem! It is now foul to invite any querist to call.
Anyway querist should reply to the genuine questions raised by Nadeem so that accurate reply may be given.
One more question:
Whether the marriage had taken place in India or abroad and whether the marriage had taken place as per law of Shria and whether couple is Sunni or Shia?
Shonee Kapoor
(Expert) 03 February 2012
There are many queries which need answers before your query can be answered.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
NizamHaji Md
(Querist) 03 February 2012
Dear All,
Thank you for the response.
Her husband is also a muslim from other country, not an Indian.Both are Sunni.
Nikah took place as per Shariah.
1. whether the husband is also Muslim or not?
He is a muslim.
2. whether the marriage had been solemnized in india or abroad?
In UAE. (Both are living there, hes from some other country).
