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ashmita (executive)     31 August 2012

Nri case:urgent

one of my friend got married to a uk based nri.....she went to london.....after 4 months of marriage she came back......she was pregnant that time.....and she has  a daughter now.........can anything be done by filing a case in indian court....she is from delhi......... please tell what is the procedure? supreme court can help ?? like can the supreme court of india send an application to the uk court ?? what can be done now?


 7 Replies

ABHISHEK B (Bekaaar)     01 September 2012

Why did she come back ? What does she wants ? A) Vengeance & harrass B) Money C) Divorce D) All of the above Also mention why ?

b man (Namaste)     01 September 2012


Dear Ashmitaji,
Please give more details so that the EXPERTS can give proper advice.
It looks like you friend wants divorce.
What are the reasons for seeking divorce?
What evidence can your friend provide to substantiate her claim for divorce?
Did the marriage take place in India or in England? Your query mentions married & then went to London, so the marriage presumably was in India (just confirm).
Warm regards
P.S: I’m not a Lawyer

rahul (director)     01 September 2012

What help she is willing to get from SC?

if she wants divorce, she can file in delhi district court, court will sent notice to him via indian high commssioner in london.

then if he do not join/ appear in court.. she will get ex party divorce?

its all depand.. what she want and  what he want,,

you given very little info... we need to know the matter in details to throw our view.



Majeed KM (Lawyer)     01 September 2012

Dear Ashmita,

It is really surprising.

What is the reason to file the case.Then only we can direct you how you have to proceed.

Best regards



Legal Consultant

ashmita (executive)     01 September 2012

thanks to all the respected experts/litigants above..... thanks so much for the reply......

she got married in india.....her hubby is an nri based in london..... after marriage he took her to london and there she came to know that he is having an extra-marital affiar....he ill-treated her massively......she has lot of poofs.....while in london she made complaints to the police also.....that gave temporary relief to her....then her hubby threatened her to kill she came back to india just to save her life and her unborn child's life..... now she has a daughter...... my friend needs a divorce as well as good alimony........ since she wants to secure her daughter's future....... can you plesae tell what all steps should she take? should she file a case in delhi itself or she should fight in london ?? will she get justice in india ??

Hari Om Maheshwari (C.A.)     01 September 2012

If marriage was performed in Delhi, she can file a divorce case at Delhi on the ground of mental cruelty and claim maintenance as well as residence. She can also apply for maintenance u/s 125 Cr.P.C. for herself and her daughter. She can also file a case under Domestic Voilence Act for claiming residence and protection


What rlief does she want from the Indian courts?

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