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Divorce against NRI who denied taking wife with him after marriage


10-Mar-2023 (In Divorce Law)
Dear LawRato, My sister was married a year ago to an NRI (US citizen) legally in the presence of family and friends, after the marriage he denied to file for a visa to take her with him. He tells that he is not interested for no absolute reason. We decided to sue him and apply for divorce. What options does my sister have according to Hindu marriage law?
Answers (3)

Answer #1
784 votes
Dear Client,
She can file a petition for grant of divorce in Family Court which has jurisdiction. Complete particulars of place of marriage, date, are absent. If marriage was performed in India, she can file a petition in India. Summons will be sent to him through Embassy. Settle the matter amicably. It is always better so, that valuable time and money will not be wasted. You must engage an expert advocate who has experience in filing petitions for grant of divorce in Family Court.
Answer #2
775 votes
Hi,
Your sister should file all of the following cases;
1) Maintenance case under sec 125 cr.p.c.
2) domestic violence case- under sec 18 to 22 of DV act and seek compensation equal to 10 times the NRI annual gross salary.
3) 498a-in case you hv given dowry
4) divorce- on grounds of desertion.
Answer #3
994 votes
Here the NRI should not be left freely. My advise is to file a 498-a case, before the court and send the notices through court through embassy and drag him before the court. Your sister is at liberty to go re-union or for divorce.

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