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Int'l citizen husband vs Indian wife
21-Jul-2023 (In Divorce Law)
My son who is an NZ citizen (Hindu) married an Indian woman (Hindu) in India in 2018. They lived together for about 15 days. He left for NZ and applied for her visa. Then her first visa was rejected due to negative health reports. she got her visa on re-application. My son booked her an air ticket from NZ, to travel on 18th March 2020. She said she wont travel due to COVID scare. On 23rd March 2020, lockdown was imposed and international borders were shut. They started having arguments and exchanged abuses, and grew apart. She told him she no longer loved him and did not want to be with him, she wanted a divorce. We have recordings of these. Which, after so many fights and arguments, my son too felt it was difficult to live together.
Due to the pandemic, my son was jobless and doesn’t have any savings.
Now she threatens to file for divorce and claim alimony, maintenance. How will he be affected? Can she put him in trouble in NZ legally? Will he face legal hassle there?
Hello
Advocate Minakshi Ovhal here
is she ready for mutual divorce? if she is working women then she is not applicable for maintenance. if she is not ready for mutual divorce then you can file divorce petition before family court. any more information you can call me. thank you
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Adv. Minakshi Bapu Ovhal Dakhane
Adv. Minakshi Bapu Ovhal Dakhane
Pune | 200+ Answers
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yes if she files a case here for alimony then your son has to face difficulties and also he might get deported from NZ and be sent to india to compelte the legal proceedings so you can go for divorce under mutual consent to avoid future consequences and also if there is a contest then you can go ahead to fight
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Adv. Brahmanand Dube
Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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Hi
In this case it is advisable that you can file divorce petition by executing power of attorney between your son and whoever you trust.
The said petition should be filed in india where marriage is performed
She can put false cases under IPC and domestic violence act wherein we can get relief by approaching high court for quashing
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Adv. Rohit Shaligram
Adv. Rohit Shaligram
Pune | 5+ Answers
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she cannot cause bim any trouble in NZ. however, she can file for divorce or initiate criminal proceedings agains him in india which could cause issues when he returns.
the divorce could be ex-parte and/or maintenance could be granted to the wife based on the salary information provided to the court.
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Adv. Sudarshan Desai
Adv. Sudarshan Desai
Pune | 400+ Answers
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Hello there!
if your daughter in law is not educated and capable of earning for herself. then your son will have to pay some amount to her as alimony. Amount of alimony will be based on your son's earnings and standard of living. No. he will not have to face any legal hassle, even if tries to do the same it will make your case more stronger and law has remedy for everything so you need not worry about it
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Adv. Shweta Joshi
Adv. Shweta Joshi
Pune | 100+ Answers
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hi sorry to hear about your problems. this is very common problem faced now a days. she can file case against your son and his family. but at the end of the day she will have to prove the same in court. the best option your son has is to file for a divorce before she files any cases against him as we can always say that she did it for the sake of revenge. if u have any further queries pls call back
thanks and regards
Adv. jenal busa
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Adv. Jenal Bharat Busa
Adv. Jenal Bharat Busa
Mumbai | 100+ Answers
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