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Ramesh (Manager)     09 March 2010

NRI Divorce Procedure

Dear Sir,

 

Both parties are Hindu and US citizen and came to India to get married according to Hindu marriage and went back to their domiciled country after 7 days completion of marriage .Didn’t register the marriage in India and didn’t sign any legal document.

 

Parties now want divorce and the girl family is threatening with dowry act in India as she’s in India with the girl for holiday and is also US citizen.

Both the parties have been living in US since last 8 years and have foreign nationality with the boy having a OCI and girl just visiting visa in India and is working full time in California for last 5 years and have no relation with India.

Can the girl family create any issue in India? as the boy wants to pursue divorce in US has he has nothing to do with India just came to do traditional Hindu marriage as his parents live there and went back and have never visited India since last 18 months and has no intention of coming back is permanent home is US. Can they be harassed?

 As the girl is back in US but her mother is in India and is trying to lodge complaint through crime women cell to get some money out of th family.

 Is there marriage valid also as per the recent ruling of Bombay high court? Because they are Hindu but foreign national not domiciled in India ?

 Boy is waiting for 12 months of separation to pass to lodge his paperwork in US ? Does he need to file a divorce in India also during this time as he has no intention of visting in India or livivng in future ?

Legal advise would be appreciated



 3 Replies

Mani Narayanaswamy (Lawyer)     09 March 2010

Please refer to the news item published in this site a few days ago about Hindu Marriage Act not applicable to NRIs

Ramesh (Manager)     09 March 2010

I need a clarication ? what happens to a complaint under sec 496 by the girl or her mother both are not indian citizen ....urgent

TANMOY BHATTACHARYYA (LEGAL ADVISER)     12 March 2010

if they are in india and file the complaint  in injdia with indian police against a indian husband who live in india, then the husband have to face little music.


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