Rights of Overseas citizen of India
9 months ago
Man and woman are christians and were born in India and went to Australia and got married there. Both acquired Australian citizenship and came to India and got married from a church with the blessings of their parents and lived for short period and returned to Australia. Later they got divorce from Australian family court. During marital relationship husband had borrowed 20 lakhs from wife for his personal needs. Though he promised to return the money he failed. She filed case before Family court in India for realisation of money from him on getting information that he is going to dispose of his immovable property. He has challenged maintainability of the case saying that as the parties are Australian citizens it is not maintainable .Her argument is that she being an OCI card holder, her case is maintainable before Indian Family court under section 7 of the Family court
In order to determine the actual maintainability of the case, it is crucial to assess the relevant laws, international agreements, and the specifics of the couple's situation. Jurisdictional issues can be complex, especially in international cases involving individuals with dual citizenship or OCI status.
In this scenario, it is essential for the wife to seek advice from a competent family lawyer who is well-versed in international family law and has experience with cases involving OCI cardholders. The lawyer can help assess the jurisdictional aspect and advise on the appropriate course of action to pursue the recovery of the borrowed amount through the Indian Family court or any other legal avenues available.
Caste change
Tree near boundary
Property way dispute
Suit for Declaration Clarification
Regarding Preamtion
