Divorce procedure for an NRI if marriage is not registered in India
14-Jun-2023 (In Divorce Law)
Hi...I live in New Zealand, I got married in India - Delhi 2 and 1/2 years ago however my marriage is not registered in India or new Zealand...my wife has left me without giving any concrete reason as this is not the first time she did so...I don’t own anything in India, what would happen if I want to leave her..,do I have to file for a divorce and if so can she demand alimony even though we don’t have any kids. I am a temporary citizenship in NZ which will get permanent in 1 year at that time if I choose yo leave my Indian citizenship can I still be pursued in INDIA for a divorce case. My parents own a property can she claim rights on that.
Hello client hru .in any condition u have to take the divorce .as ur saying that ur having a tempering resident presently which is going to be get permanent status with in a year.as ur thinking that if ur marriage is not registered then u can get it rid off in this point ur mistaken.so in this condition you have to take a divorce in all and best condition is to file a divorce urgently otherwise if ur wife filled any case in India then even ur passport can get cancelled immediately.act on it.
In case you want to dissolve your marriage, then you have to take divorce in India. For divorce you can file a divorce petition by yourself or you and your wife can file a mutual divorce petition. Any how your wife have a right to claim alimony from you but that also depends upon certain things. Your wife has no right on your parents property.
If she has proof of marriage than that is a problem to you. Please confirm your marriage was special marriage or marriage under Hindu marriage Act.....
Thank you for the query.
You can file for divorce in Delhi as your marriage took place in accordance to the Hindu Marriage Act.
With regard to the maintenance of your wife, it depends if she is earning for herself. Irrespective, she will file for temporary maintenance.
Your wife does not have any right over your parents self acquired property, however if any of it is ancestral, then yes, she can claim her right over it.
You can file for divorce in Delhi as your marriage took place in accordance to the Hindu Marriage Act.
With regard to the maintenance of your wife, it depends if she is earning for herself. Irrespective, she will file for temporary maintenance.
Your wife does not have any right over your parents self acquired property, however if any of it is ancestral, then yes, she can claim her right over it.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."