Advice for divorce
5 years ago
I am marriec to a citizen in foreign country he promised to take my son n settle he is disabled but sd he wud get married n help me too in getting a job there. But i happened to cm to India for my sons final exams .Je books his ticket imm after two days n came after 12 days enjoys a holiday in manali n calks me up n says he wants separation mine is second marriage. He was to come n fill form my son who is 24 n of my first late husband . And now he is gone bk n says wont cm for 1 yr till i dont fix up a lawyer n go for mutual separtn or divorce. And during my stay in foreign country he did mit treat me well he troubled me nvr allowed me to use tv room heater n ac n kept me like a servant n nvr allowed me to use electric appliances to clean his dirty room garage wanted me to use manual brooms . n many more pls guide.
Deepak Yashwantrao Bade
Responded 5 years ago
Ashutosh & Co
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
(i) Date of marriage and place
(ii) Under which law was the marriage solemnized- Foreign Marriage Act, HMA, etc.
(iii) Is he from Indian origin or a foreigner
(iv) what is his country
Now coming to what I make out from your writing:
A) Take legal/financial assistance under MEA's Scheme if your overseas Indian/foreigner husband files a divorce proceedings in a foreign country. (This scheme doesn't provide assistance to cases litigated within India.) For such association/NGO is available on the weblink (http://mea.gov.in/legal-and-financial-assistance.htm#)
B) File a maintenance case under section 125 CrPC. Section- 125 (order for maintenance/ alimony of wives, children and parents) of the Criminal Procedure Code, 1973 has been passed to seek social justice thereby providing a powerful legal remedy for dependent persons to seek maintenance from the supporting spouse. A person of any religion can seek maintenance under this section without any limitation. This section provides relief to wives seeking alimony from husbands staying abroad as well.
C) If you don't want to wait for his coming back and don't trust his words, you should file a contested divorce on the ground of cruelty and desertion if marriage as per Indian Marriage Law and get ex parte order.
Mohd Imran
Responded 5 years ago
prasad
Responded 5 years ago
Adv Prasad Patil
Pune
You may filed divorce on the grounds and cruelty and desertion if marriage took place as per Indian Marriage Laws.