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Sister got married to Nepali citizen wants to file for divorce


03-Jan-2023 (In Divorce Law)
I married my sister on Feb 17at Nepal with proper hindu rituals. Now it come to know man has no work ,he is all time drinker and many more issues are there...How and where do we file the case for divorce whether at Nepal or India? Sister is still indian citizen. Plz. Give suggestion
Answers (2)

Answer #1
969 votes
Dear Client,
As your marriage is being solemnized in Nepal and I presume it is being registered in Nepal as well as both the spouse are still residing in Nepal. The only competent Court to trial your case would be in Nepal.
Moreover having a citizenship impowers you to seek the assistance of Indian Embassy in Nepal.
File a petition for divorce in Nepal. If you need any assistance for engaging an Associate in Nepal or for any other legal query feel free to contact or you can consult a local Associate in Nepal as well.
For matters as such a detailed information is required for a better solution and the rest will be managed there upon.
Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
Answer #2
753 votes
As far as hindu marriage act is concerned it is applicable to hindu spouses. Divorce being a remedy in civil can be applied when boy too was living in India. It's better to go for criminal remedies like harassment etc. For the time being. Another problem is that before completion of one year no proceedings could be initiated under hindu marriage act.
But along with criminal remedies we can file a divorce case after Feb 2018.

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