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(Guest)

Crpc 125 -foregin citizen

Magistrate asking me to put my income details.....we both are foregin natioanls dont reside in India and work in US.....only mistake got married in india....at time of marriage foregin citizens

Girl has put false incoem details as she earning $85000 per month $5000 converted in Rs put in 175000 her income .Now due to proivacy cannot get any details.

We have been fighting this case on maintability as how come India enterian such case ?

Please advise what should be are reply to income details request ?



Learning

 11 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 January 2014

Dear Querist as per delhi high court order there is a provision regarding detail affidavit of income, savings, liability of parties may be disclosed.

(Guest)
Why should i put in my reply of income ? As this case should be maintainable as we for not indian citizens & dont reside in India !!

Biswanath Roy (Advocate)     29 January 2014

You may consult any Senior lawyer in your locality on the subject as it appears  you are  a man of means.  This Forum helps ordinary litigants free of charges.

dv (ghvhb)     29 January 2014

@ ashu You may consult a lawyer since he will be the best person to present your case. Use hanif Patel judgement of supreme court ...I think it will clear all your questions. I am not a lawyer but I think sec 188 is about courts jurisdiction over foreign nationals .as well as article 227 of constituion of india. Please check the sections as I am not a lawyer. A victim who does research to fight his case. If I need corrections please let me know as I am learning also. Goodluck

(Guest)
Sec 188 applicable to Indian citizen and am not indian citizen my visits to India is on Indian visa.. HMA applicable not outside India !! Its abuse of process and waste of time .. People who don't reside in India are fighting case here regarding matrimony.. Just because got married in india ?? What applicability & court has jurisdiction on foreign country ??

(Guest)
Sec 188 applicable to Indian citizen and am not indian citizen my visits to India is on Indian visa.. HMA applicable not outside India !! Its abuse of process and waste of time .. People who don't reside in India are fighting case here regarding matrimony.. Just because got married in india ?? What applicability & court has jurisdiction on foreign country to make law applicable like maintenance .. When income of parties doenst exist in India.

radhakrishna (employee)     30 January 2014

If both of you are foreign citizens at the time of marriage ---then there is no jurisdiction for Indian courts

 

More over CRPC 125 is for women who are unable to maintain themselves . You say your wives income is  $5000 dollars. Either way she she cannot squeeze you

 Crpc 125 --is  -------Order for maintenance of wives, children, and parents.-(1) If any person having sufficient means neglects or refuses to maintain-

(a)his wife, unable to maintain herself, or

T. Kalaiselvan, Advocate (Advocate)     31 January 2014

If she has stated that her income is rs.1,75,000/- pm, you can very well repudiate her claim on that basis itself.  Once you have married in India as per HMA you are bound by Indian laws, if you are so much annoyed about Indian laws, why at all you want to come to India and get married here, or if you feel that being a foreign national you are immune, then why are you attending the court for hearing in that case, just flee the country, the law knows to take suitable action against you at appropriate time and as per law.


(Guest)
Respected Adovcate, My reason for coming for marriage was because of parents & total stay was 4 days. Marriage was never registered how Come HMA be applicable outside India along with crpc 125. A foreign nationalwho comes to India for marriage .. His domicle is permanently outside india confirmed by his living status & passport he holds. Does he have to come back to India for divorce & maintenance case even though he doesnt reside there??? Every year atleast 10000 marriages of indian origin foreign national hsppen in India .. So are u saying india would be responsible for looking after their matrimonial disputes ? People get married in Thailand and get divorced am sure they dont go to thailand to get divorced & court doesnt decide their maintenance. I am attending court hearing because my not guilty. Recent SC judgement about HMA not applicable if your domicle outside india substantiates my point. Please check in this forum thr case.

Samir N (General Queries) (Business)     01 February 2014

Ashu,

If BOTH of you are foreign citizens and you have been living abroad for a long time, you are FREE from all kinds of civil and criminal laws of India. The Indian Penal Code (read Section 2 or 3, or somewhere at the very start) specifically states that the crime must be committed in some part of India. This opens a Pandora's box... If she claimed that you did something to her while the two of you were in India (e.g. dowry demand) then the jurisdiction of Indian Courts kick in because the crime was committed in some part of India (nationality does not matter).  Therefore, it is important to read the pleadings before advising you. Section 125 of Cr.P.C. does not involve the commission of a crime so should not be applicable (or so I think). If there is a conflict between Section 2 and Section 125 Cr.P.C., Section 2 should override because it is a general explanation applicable to all other sections.


That said, I am a foreign national too but not an advocate. So my opinion should be interpreted accordingly. 


Get divorced, stay single, enjoy life.... Marriage is too much of a hassle these days...If something happens along the way and some romantic sparks start flying, OK... but not otherwise. Good Luck!

 


Samir N (General Queries) (Business)     01 February 2014

Ashu,

If BOTH of you are foreign citizens and you have been living abroad for a long time, you are FREE from all kinds of civil and criminal laws of India. The Indian Penal Code (read Section 2 or 3, or somewhere at the very start) specifically states that the crime must be committed in some part of India. This opens a Pandora's box... If she claimed that you did something to her while the two of you were in India (e.g. dowry demand) then the jurisdiction of Indian Courts kick in because the crime was committed in some part of India (nationality does not matter).  Therefore, it is important to read the pleadings before advising you. Section 125 of Cr.P.C. does not involve the commission of a crime so should not be applicable (or so I think). If there is a conflict between Section 2 and Section 125 Cr.P.C., Section 2 should override because it is a general explanation applicable to all other sections.


That said, I am a foreign national too but not an advocate. So my opinion should be interpreted accordingly. 


Get divorced, stay single, enjoy life.... Marriage is too much of a hassle these days...If something happens along the way and some romantic sparks start flying, OK... but not otherwise. Good Luck!

 



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