Ramesh (Manager) 08 March 2010

NRI Divrorce

Dear Sir,

Both parties are Hindu and now US citizen and came to India to get married accoridng to Hindu marriage and went back to there domiciled country after 7 days completion of marriage .Didnt register the marriage in India and didnt sign any legal document.

Parties now want divorce and the girl family is threatning 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 forgein nationality with the boy having a OCI and girl just visting 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 puruse 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 vistied india since last 18 months and has no intention of coming back is permanment home is US.

Just wants to wait for 12 months for seperation to lodge his paperwork in US ?

Reply Follow

8 Replies

A V Vishal (Advocate) 08 March 2010

No the girl cannot file a case in India.

Ramesh (Manager) 08 March 2010

The parents of the boy live in India can they be harrased ? and 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.

As it has been found the girl has some behaviour issues and both the parties have got seperated now and are going through there seperation period in US.

Ramesh (Manager) 08 March 2010

Is there marriage valid also as per the new rulling of bombay high court ? Because they are hindu foreign national not domiciled in India ? Didnt have any registration of their marriage in India.

A V Vishal (Advocate) 10 March 2010

The parents of the boy live in India can they be harrased ? and 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.

Ans, NO

Ramesh (Manager) 10 March 2010

Do they have to take a divorce in india also once they have finalised in US ? and can they lodge case upon divorce in India for the divorce and dowry both parties been hindu but us citizen.

A V Vishal (Advocate) 10 March 2010

They have to file for divorce in the U S, since they are U S citizens, further even if they are married in India they have not registered their marriage in India. They are also not residing in India, hence they are governed by laws applicable to persons of their country to whom the nationality belongs.

Ramesh (Manager) 10 March 2010

Th girl's mother has lodged complaint in CWC with daughter when she came to india what should we do ? as the police are not aware the girl is US citizen and is now in back in US working ?

I need a clarication ? Urgent

Ramesh (Manager) 11 March 2010

is the complaint valid ? it was lodged by the girl whose now in US ? it's mere harrasment ...as none of the parties are resident of the country just trying to get money ?