NRI fraud NRI fraud

1 week ago

What should be done if a U.S. green card holder guy vanishes after a 4-year long-distance relationship without granting a divorce? I need assistance regarding Indian laws concerning NRI fraud cases.

Legal Counsel Vidhikarya

Responded 1 week ago

View All Answers
A.Dear Client,
Indian laws allow the registration of Marriage between an Indian and a foreign citizen. If your marriage happens following the Hindu rituals and customs or is registered under the Hindu Marriage Act 1955 or Special Marriage Act 1954 in compliance with the formalities by the foreign citizen. In that case, you can file a divorce petition on the ground of desertion before the Family Court or the District Court seeking a decree of divorce. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a petition for divorce. So, desertion is a valid grounds to seek divorce by either spouse. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. If the wife files a divorce petition on the grounds of desertion seeking maintenance/alimony and wins, then in most cases of divorce, it is the husband who has to pay financial support to his divorced wife. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

View All Answers
A.Dear Client,
it is prime to establish that there was a marital relation between you 2, if married then you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police in the local police station in the area where you were abandoned.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMy wife wants divorce suddenly stating the reason that she doesn’t like my behaviour after 11 years
Dear Client, Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
question iconMy husband use to beat me badly
Dear Client, Cruelty is a ground for divorce in India for all the religious laws. It may be physical as well as mental cruelty. So, you can file a case for being a victim of domestic violence. Accordi...
question icontaking screenshots of spouse's phone having office chat application
Dear Client, The screenshots of chats, and text messages can generally be admissible before the court of law but are considered as secondary evidence. It must be produced along with the phone used to...
question iconDivorce
Dear Client, In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
question iconDivorce certificate in Faridabad Haryana
Dear Client, A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...