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Courage2014 (Secretary)     12 March 2012

Indian husband got bahraini citizenship

Myself and my husband are nri-s living in Bahrain in the Middle East. We are Roman Catholics and married in 2004 in Goa and our marriage is civil registered as per the law in Goa. My husband decided that he did not want the marriage anymore in 2009 and left home in February 2009. We have a 7 year old daughter who lives with me. My husband visits her rarely as and when he find time from his busy schedule. He approached me in June 2010 to file for mutual divorce which i kindly declined and requested him to file for divorce if he so wishes to end the marriage. Now, he has obtained his Bahraini citizenship and has converted to Islam. I have no knowledge if he has entered into another marriage as he and his family have been very discreet about everything so far. I have checked with my legal aid here in Bahrain who confirmed that if he wishes he can forcefully take my daughter away from me as the bahraini law will protect the rights of its citizen. And he can stop her from travelling with me if he wishes. She is under his legal sponsorship at the moment.

  1. Is it really a fact that now that my husband is a Bahraini, Indian law will not apply to him.
  2. What if he applies for a divorce, can he apply for a divorce in Bahraini court or he has to apply for it in Indian courts considering we married in India?
  3. He keeps threatening me about divorce and uses abusive language in his communication. If i have evidence can i do something to stop him from doing so legally?

Please advise.



Learning

 10 Replies

sharmilla ram (general manager)     12 March 2012

as long as he is in bahrain our p.m dr manmohan singh can not do anything.once he is in india all false case n u can drag but in bahrain indian chief justice can not do anything only laugh.yes he is spon of ur daughter he has full right to stop travelling india.even i think he is also sponcer of u.he can also stop u even he can do blacklisted to u.with this passport no he can stop u to enter  in bahrain. the best way to compromise.my advise to u dont go indian embessy.there is bunch of puupet.no body can help u except discrage. the best way what he wants u agree otherwise he can make ur life miserable.in bahrain no 498a law no dowery,no domestic law.so better try to compromise n finished amicable.

Tajobsindia (Senior Partner )     12 March 2012

@ Author


Is it really a fact that now that my husband is a Bahraini, Indian law will not apply to him.

Take: The case of Dhannalal Vs. Kalawatibai & Ors., AIR 2002 SC 2572 has bearing in your grievances before us. The paragraph 23 whereof holds that in case of conflict of jurisdiction, the choice ought to remain with the plaintiff to choose the most convenient forum as the plaintiff is the dominus litis i.e.master of, or having dominion over, the suit. Hence he has right to choose Bahrain Courts for remedy if he chooses one. Secondly all cause of action rests in Bahrain soils as per briefs before us is my view. Also the point I have noted from the brief is that the parties are not carrying on business, residing or personally working for gain within the territory of Goa Court. Further the parties have been residents of Bahrain undisputedly since the year their marriage after the solemnisation of marriage at Goa under Goa’s Civil Laws. Others may have their views which are welcome though !

 

 


What if he applies for a divorce, can he apply for a divorce in Bahraini court or he has to apply for it in Indian courts considering we married in
India
?
Take:
Since the law in Bahrain is governed by the Shariat alone and since your husband has converted to Islam and recently got Bahraini citizenship he can very well apply for Divorce in local Courts as per Islamic laws.

 


He keeps threatening me about divorce and uses abusive language in his communication. If i have evidence can i do something to stop him from doing so legally?
Take:
Since you are in Bahrain
as you say, you may approach local Authorities for local remedies.
Remedy:
Contact a Adv. in Goa and file an interim-injunction suit in territories of Goa under local civil Laws praying for defendant husband to be non-suited (i.e. anti-suited injunction is what you are seeking on Goa soils)


As per Local Laws (Bahraini) he is more or less right too so far as sponsorship of his child is concerned plus what is your status I doubt you are self sponsered now that he is still your husband though with changed religion !!!. This has impact on your sponsorship too which is my doubt as no whisper abotu it is mentioned in your brief.  You and we all know very well
Middle East puts “sponsorship tough conditions and impacts of local laws”. Well after accepting Bahraini citizenship probably he may have retained his PIO status but that is doubtful and needs re-checking which is besides the point if int. comity of Jurisdiction is under challenged otherwise also dual citizenship is allowed since last Parvasi Bhartiya Conference so what is a big deal here!!!.

 


[Off the above reply when he is asking for MCD then you are saying ask Divorce instead of MCD I could not get what major difference will that make in parties status as if facts are to be tested before one day or other in Court of Law divorce per se is inevitable is it not so think in retrospect so if two parties amicably solve their issues then nothing like it unless this is nobody’s case that one party wants and another does not want here both want but wording wise how they get it both have difference so it seems to me!]

stanley (Freedom)     13 March 2012

Normally in the Gulf Citizen ship is a very difficult process as they do not have a migration process to obtain citizen ship .Normally its a sponsership process and as long as your visa is sponsered by who so ever Husband /Company you can stay in the gulf based on the term of your VISA/Contract  . Most probally if he is working for the ruler and is in good books with him there are chances that he may obtain citizen ship .Have you seen his Baharani passport ??

Is your Visa sponsered by your company or by your husband . If your Visa is sponsered by your husband that he can stop sponsering you and you would have to leave the country and as for your child he has full rights since she is under his sponsership and can retain her back in Baharian . As he has converted to Islam he can easily get a divorce in Baharani courts .As he has converted to Islam he can Marry a no of times .

On second thoughts i presume your visa is sponsered by a company since your husband is no longer staying with you and neither is he supporting you or else you would be unable to survive in Bahrain taking into consideration the cost of rent which is very high and living .And  as per the law over there only a Female Teacher or a Female nurse/Doctor  can sponser a child and i dont thing so a female from any other profession can sponser a child . 

 

Courage2014 (Secretary)     13 March 2012

Dear Stanley,You are right in presuming that i am on my companies sponsorship and have approached him for a no objection letter to transfer the sponsorship to my passport as my company has agreed to sponsor her. But, his response to my request was. I am not ready to answer you, I will when i am ready.

stanley (Freedom)     14 March 2012

Dear SR you know the gulf how it is .Getting a NOC from him is his choice. As Tajobs has said approach local authorities ,you know what the reaction of the local cops are like over there.There are no human rights as such  . He will get a infuential Arab and snub the whole thing off and if a case prevails  than you would have to scramble between work and court and secondly the cost of handling the lawyers which would only result in a loss at your end as he already has your daughters sponsership which is to his benefit  and he can easily walk away with your daughter and as a matter of fact you would be at the receiving end and you would have to take permission from him whenever you want to be with your daughter.  

The next option for you is to decide what you want .Money or your child . As you are not a citizen of that country and neither is your daughter and as you are holding indian passports you have a option of returning to india and starting a new life . And than what ever course of action would be as per indian laws. 

sharmilla ram (general manager)     14 March 2012

dear Stanley, its humble request if u dont know gulf country pls dont pass comments.who told u in gcc no human rights.in gcc there is no fake encounter which is happened each part of the india.how the cops r co-oprative u cant belive.if ur car stop on the main road they will come stop traffing helping pushing ur car side of the road call truck to carry ur car.if u call emergency hospital they will ask u ambulance or choopers.without paying rupee choopers will be in ur area.hospital no money reqd to pay.and all hospital like five star hotels.u can not drag in case any body false.govt is giving house free of cost to all people.u can not buy cops,and judge.in india anybody can speak lie in the witness box.but really here very tuff.if u caught than in ksa ready to face 52 lashes sure.and no body can stand after 5 lashes.you ve full right to keep ur viewing.you want this type human rights which is happening around the world.puting jail inocent person.

stanley (Freedom)     14 March 2012

Dear Sharmilla, I talk from experience after having worked for round about 15 yrs in the Gulf in different countries .I have seen the no of workers and maids being abused working for long hours without being paid and the amount of torture these maids go through.How many of them have got justice .They dont even have a minimum wages act  . And than when they approach the indian embassy with their woes what do they get "Nothing " .The indian embassy does not even have the guts to take up their case like the Philipines and the American embasy fight for their people all they get is a flight ticket back home . An infuential Arab can do whatever he wants because it is their country and not our country .

You have mentioned that the Government is giving a house free of cost to all people .......Have they donted a house to you  or have you been listening to a fairy tale or dreaming  :-) 

When you talk about hospilisation for a normal delivery you have to pay Dhs  3000 and for a ceserian delivery you have to pay DHS 5000 in dubai that to in a government hospital , where has this free Hospitalisation come from you ......you seem to be dreaming .Wake Sharmillla and see reality !!

See Kuwait it is not safe for females .Everyday you will see in the newspaper a female being abducted and raped .

stanley (Freedom)     15 March 2012

Dear SR  your daughter requires both the father and the mothers love . And as a matter of fact he is visiting the child . Another way round to transfer your Daugters sponsership is to send her to india for a period of 7 months provided that i am assuming that your daugter has her own passport .In dubai/Kuwait  its like this if a person is out of the country for a period over 6 months and does not return back with the 6 months period their  Visa gets  automatically  cancelled . 

Once the Visa is cancelled you can tell your company to sponser her and you would not require your husbands NOC . But if  a custody case is filed by him ......He may have the upper hand as you say he has a bharani passport . 

Courage2014 (Secretary)     20 March 2012

i want to delete these posts, any idea how to do it?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2012

Do you mean that you want to withdraw from the conversation here?


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