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Mariam Taweel (not applicable)     04 April 2024

Marital advice

Dear respected members,

I need urgent advice on the below:

A bride who is a foreign national (UK citizen) and an Indian groom (Indian national) did nikah online due to COVID. 
They met few times in person after nikah, however the husband never did ruksati for the wife. The husband and his family were giving signals for dowry and he used to come and stay at the wife's parents home on many occasions. His family used to come to stay for several days too. The husband was always spending more time with his female cousin. She used to interfere in between the couple.

When the wife became pregnant, she requested ruksati, however this did not happen and she came back to the UK. The husband went to Africa for work, however never after nikah, he gave her any form of maintenance or marital rights. His family would insult the wife and her family. 

They never gave her the right of wife and when she asked for these, he would fight. Whilst he was in Africa, he stopped contact, including his family. Whilst the wife was pregnant she came to know that he was spending time with his female cousin and she used to stay at his house for many days. 

Once the baby was born, he stopped all contact as his family did not want to aknowledge the baby and the wife. 
The wife does not know the whereabouts of the husband or his family and she has been left stranded in the state of nikah with her baby. 

She and her family have made attempts to ask his friends where he is, however nobody is helping. 

They know a few contact details of the husband's relatives and former employer. What are the options for this wife?

Can she file police complaint against the husband and his family?



 2 Replies

Real Soul.... (LEGAL)     05 April 2024

Yes she should file police complaint, mean while she can send request to Secratary External Affrias and home department to help with information of the last exit entry on passport of husband

Just engage some private detective in India to get the whereabouts 

T. Kalaiselvan, Advocate (Advocate)     06 April 2024

Firstly their marriage is reported to have been solemnised through online mode.

It was not registered subsequently which is a mandatory requirement for a foreigner to marry an Indian.

Their marriage should have been registered under special marriage act.

She already knew that he is flirting around with her cousin during the time of her pregnancy but she didn't take any steps to either stop it or taking any legal action against him for his acts of mental cruelty.

Now she is sitting in a foreign country and he is away at a different country.

Her complaint including a divorce case also may not be entertained or maintainable in the absence of marriage certificate to prove the solemnisation of a legally valid marriage between them.

If she comes down to India then on the basis of documentary evidence she may lodge a criminal complaint against him for deceiving her and causing great damage to her in the name of marriage.

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