Nri guy denying marriage
Sonu
(Querist) 01 November 2016
This query is : Resolved
My sister got married on her own to a NRI Guy without informing us. iam her brother. my sister is 40 yrs of age and guy is around 43-45 yrs
Two yrs back, we got a call from our sister at 11 O clock in night that she has got married to an Indian guy who is staying in Germany since last 15 yrs.She sent us on whatsapp , the pictures of her marriage. The marriage took place in delhi in front of guys house. The whole
family of the guy attended the marriage. The marriage is not regsitered in court till date.
we found it very strange since the guys family did not even bother to inform us of the marriage. yes my sister is at fault too.
the marriage was attended by some of my sisters friends and all other was from Guy's family. It was a small function. My sister met him thru shaadi.com. It is my sister's freinds who clicked the pics on the day of marriage.
when we came to know abut marriage. It was told to us that the guy holds german passport. He maintains that he is not India citizen. The guy has one brother, sister in law and mother and few other family members staying in the three floor house in delhi.
after marriage he has visited india twice. But it has been two yrs that my sister is staying in delhi with her in laws. Guy maintains that processing of papers in germany will take time to take my sister along. So it is been 2 yrs my sister has not gone to Germany.
now two days back, my sister came to our house with one lawyer. The lawyer told us that she has been defrauded. we came to know then that my sister was living in a rented house in noida since last 3 months and not with her in laws. it came out that the guy came from germany in aug'16 and took my sister to stay in rented accomodtaion.she told my sister that she will not stay with his parents in delhi. my sister is only paying the rent and the guy is not paying anything and nor he wants to take her to germany
we also came to know that the guy also came to india again in Oct'16 and he did not inform my sister about it. my sister says that she also came to know that he is talking to other gals from shaadi.com for the puprose of matrimonial.iam not sure how my sister came to know about this !
my sister filed a police complaint (not FIR yet ) in Women' cell in delhi . Police summoned him. He told police that he has never married my sister and she has been staying just like a girlfriend with his parents before he threw her out
when police showed him the wedding pic. He told that this is the only mistake has made. He went away from women cell sting that his lawyer will handle the case.
he asked for complaint copy but my sister did not allow women cell to handover the copy of complaint. My sister has made the guy, his mother, brother and sister in law as accused in complaint.
he also told that Indian law cannot do anything since he is citizen of germany and not india (pls note that he is born in india and schooled in india before moving to germnay for doing hotel management course 15 yrs back )
ALso my sister is already a divorcee. This guy is also a divorcee twice with two german girls in germany.
women cell has given the next day of hearing this weekened, We do not know wheterh he will leave for germany or come to the women cell.
1) what is the recourse my sister has ?
2) my sister wants to stay with him. Issue is that he is not ready to take her with him to germany and neither in laws are willing to make my sister stay with them.
3) if they agree to keep my sister with them (in laws ). is there any danger ? but again issue is couple are not staying together.
4) can he be prevented from leaving to Germany ?
5) which all sections can be inititated against the boy/boy's family.
6) My sister is staying separately on rent and paying 15,000 rent from his salar y. Her salary is Just Rs 25000/- per month.
7) She works in a BPO in shifts and her in laws sometimes had issues of coming late at night after work and opening the door for her. They never had issues with her job but opening the door at night.But this seems not to a
major issue so much so that they plan to leave her ? sister has been working in same company before marriage and the guy knew about it.
Devajyoti Barman
(Expert) 02 November 2016
1.Your sister in in right track. Ask her to insist the women cell to register FIR. Photos are enough proof of marriage.
2.This marriage is broken. The earlier your sister understands it is better for her.
3.I am not sure with this proposal but there is no harm is beginning in right direction.
4.yes if court so directs in 498A case.
5.498A, 406,420, 323,506 ipc.
6.Ask her to file case of maintenance under PWDV Act.
7.Mention these facts in complaint with women cell.
Rajendra K Goyal
(Expert) 02 November 2016
Agree with the expert Devajyoti Barman.
adv.bharat @ PUNE
(Expert) 02 November 2016
Nothing to be added.
U will be benefited by expert advice.
R.K Nanda
(Expert) 02 November 2016
nothing to add more.
Sudhir Kumar, Advocate
(Expert) 03 November 2016
Agreeing with Barman I will add that being a German national is no exemption from criminal law.
the guy seems to have already spoiled caw case against him.
Dr J C Vashista
(Expert) 03 November 2016
Well advised by expert Mr. Devajyoti Barman despite the fact it is too long a story.
Consult a local lawyer.
