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Puneet (Victim)     29 April 2013

How far wife can go if the husband is a nri?

When there is discord in a martial relationship then the wife can easily get divorced and she has full rights to misuse all the laws against the man.

In case if the husband is a NRI and woman a Indian citizen then what all she can do in the following situation with Divorce and Alimony:

1. Husband does not accept the summons from Indian court.

2. Husband is working for a foreign company and neither his employer details nor his salary details available to the wife.

3. Wife is also not having passport details of the husband.

4. What is required document by Indian court if they have to issue a arrest warrant against him.



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 April 2013

Dear Puneet

 

1. Husband does not accept the summons from Indian court.

Opinion: Court proceed ex-party


2. Husband is working for a foreign company and neither his employer details nor his salary details available to the wife.

Opinion: The court may pass an order ex-party against the husband


3. Wife is also not having passport details of the husband.

Opinion: She can obtain the detail by any means if she wants to fight


4. What is required document by Indian court if they have to issue a arrest warrant against him.


Opinion: Its depend on the relation with the Country where the husband residing.

Feel Free to Call

Puneet (Victim)     30 April 2013

Thanks Nadeem,so it means the wife cannot do anything much other than getting ex-party divorce.Or filing some false charges and greying her hair waiting for husband to return.

 

Goutam Prasad (Advocate)     30 April 2013

I think you are viewing only one side of coin. If she is clever, she may file section 9 petition for restitution of conjugal rights and 498A and DV protection orders.

If you do not appear in any of the cases, in 498A you may be declared proclaimed offender and hence there would be fear of arrest whenever you come to India. Besides, you will not be able to get property here in your name.

Court may proceed ex-parte in rest of the cases. If your parents resides here and both of you have ever resided with them, she can have protection order for residence in shared property.

There may be number of such other circumstances depending on the approach of her advocate. Hence, I will suggest you to have a good advocate here and defend your self in court properly.

 

Regards

 

Goutam Prasad

Advocate

Supreme Court of India

 

Mob: 9810753838

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist

Puneet (Victim)     30 April 2013

Goutam as mentiond by you

"If your parents resides here and both of you have ever resided with them, she can have protection order for residence in shared property."

 

 

As mentioned in this case the person is NRI and couples not residing together.In this case what is shared property when the husband is not having any share in his parents property ? What would happen when the parents makes a will saying that their son is NRI and not living with them and caring for them so he does not inherit the property ?

Puneet (Victim)     30 April 2013

If a person who is a NRI working and living abroad and never visited India in last 2 years and met his wife and the wife lives with parents of the husband and this house is in name of parents and not husband.

 

Then where is the shared household ?

 

In this situation does wife have any rights to live in the property of husbands parents?

desertedhusband (na)     30 April 2013

@Aakash, 

Wife deserted husband some years back. After desertion husband sold the matrimonial home. Bought new home in name of mother now if wife's clothes, closets etc and couple of gifts she brought in marriage (the one now she claims to be dowry items) like fridge TV etc are in the new home of MIL and wife has never visited that home. can she claim share in that property? Also, can she get order from the court to legally enter in that home because her so called bullsh*t dowry items are lying there?


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