Foreign Divorce
Guest
(Querist) 28 October 2014
This query is : Resolved
Dear Experts,
Both parties foreign natioanl at time of marriage got married in india in 2009 and total stay 5 days and our domiciled in Canada before marriage and got divorced there in 2010 the girl was also present and was served documents.
In 2014 girl lodges bigmay proceedings against the boy and parents .. Girl and boy dont even live in India ever together as husband and wife after marriahe and girl through her mother whos noe livies in india as POA lodged case and girl visits india during holidays.
Please advise if divorce valid and since at the time of marraige foreigns nationals should foreign marriage act applicable not HMA marrriage was never registered in India ?
Harrasment in form of 498a,DV and 125 also lodged in 2013 all these cases lodged after 2 years of divorce.
Key point looking jurisdiction!!
Appreciate quick respons.
Thansk
Devajyoti Barman
(Expert) 28 October 2014
If at the time of marriage both the parties were foreign national then the marriage is not valid.
Hence 498A, DV case does not lie though case u/s 125 crpc lies.
However till the marriage is declared as null and void the girl can file such cases.
Sudhir Kumar, Advocate
(Expert) 28 October 2014
Has the marriage happened in India?
If yes, Indian court can hear the case in divorce.
Are both the parties Hindu?
If yes then HMA doe snot differentiate between nationalities.
You have not stated which rites were performed for marriage.
In the criminal process, whether all (or even partial allegations) mentioned in the complaint stated to have happened in India by any of the accused?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 October 2014
If she is living in India than all these case are possible.
498 A and DV can be dismissed .
Get an expert advocate for actual fighting in the courts , seeking advice on free websites can not be substitute for actual court room tactics.
ajay sethi
(Expert) 28 October 2014
on what grounds divorce was granted in canada? what are the averments made in divorce petition ? better contact a local lawyer . all documents mentioned by you have to be perused to advice . Dv case would not lie after divorce
Rajendra K Goyal
(Expert) 28 October 2014
The couple has been divorced in 2010. Bring the fact in the knowledge of the court. Engage the services of a good lawyer to defend in the cases.
T. Kalaiselvan, Advocate
(Expert) 28 October 2014
Even in my opinion, the DV case and 498a will not maintainable two or more years after the marriage was dissolved by a decree of divorce anywhere. This is another very good example of misuse of women gender biased laws.
malipeddi jaggarao
(Expert) 29 October 2014
Mr.Goyal, in which way you are related to this query?
If divorce is awarded by the Court in Canada way back in 2014, what right the divorced wife got on the divorced husband and his family except to create nuisance and tension to the ex-husband's family?
I think you are not aware of full facts of the case and just like that posted the query.
Anirudh
(Expert) 29 October 2014
The problem is there is an another thread (see below) where some of the information, which would answer the queries being raised by the experts are found.
http://www.lawyersclubindia.com/experts/498a-Foreign-Citizens-412391.asp#.VFCWBFcjcmU
This opening different fresh threads by the querist on the same subject creates problems for the experts.
