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Ramakrishnan.V (Lawyer)     20 February 2010

forum for maintenance

Can anyone tell me is there any act that forbids a wife from filing a maintenance petition either under section 125 of Cr.p.C or under personal law if the husband is dwelling in a foriegn country?



 3 Replies

Alok Motan (Advocate)     21 February 2010

if the wife holds the citizenship of foreign nation.... she cant file case in India u/s 125 Cr. P. C. ............... else no law prevents to file the petition .... though the husband can delay the maintainance by serving a legal notice upon the wife by hiring any  lawyer in India itself for restitution of conjugal rights and to join his company in abroad............but if he (the husband) is also an Indian citizen.....only then Indian law would be applicable..........


Hope you got my point, what i am trying to say...

Suchitra. S (Advocate)     21 February 2010

If wife is Indian citizen, then no Act prevents her. I agree with Alok Sir.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     22 February 2010

She can very wel file such petition in India.

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