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Ran Nar   20 November 2022

Illegal immigrant (foreign woman) apply for maintenance in india

A Srilankan Woman married Indian citizen . Marriage held in India. She doesn't have proper visa , for past 2years she is on OVERSTAY. She applied for visa and Indian government rejected her visa application and asked to leave the country. She got divorce in Indian court without visa. Now she applied for maintenance in India and doing court proceedings. Questions
1. Does she has the rights to do court proceedings?
 If YES reason and procedure with case law please or NO reason and procedure with case law please.



Learning

 4 Replies

vijay sathya   20 November 2022

 The above is no longer new to Indian Jurisprudence, In Sm. Satya v. Teja Singh Court ruled that the learned Magistrate rightly held that under Section 126 of the Code of Criminal Procedure, the wife could take the proceeding before the Court of the learned Magistrate since the said Court was situated within the District, where she resides. Further, in Dr Pradip Jain v. Union of India also Court followed the same principle. And Section 125 in The Code Of Criminal Procedure does not prohibit any foreign person  to file  maintenance petition before Indian Courts. Thus if the maintainability is challenged by the Husband,  use the above judgement. File the petition where the woman ordinarily resides. If any further doubts please reply to the said post.

Real Soul.... (LEGAL)     21 November 2022

she has the right to maintenance 

Ran Nar   21 November 2022

I do accept that She has the right to maintenance. But my question any foreigner have the rights to do civil court proceedings without proper visa to stay in India? 

P. Venu (Advocate)     24 November 2022

Is she still residing within our country?


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