• US citizen christian boy married christian girl

US Citizen christian boy married christian girl in india , church wedding at kerala. His parents forced his marriage on him and because of non compatibility in his marriage , he never had any intimate moments and flew in 7 days back to US. The whole thing happened in June 2013. 

He filed for annulment which was ruled out and his lawyer dealing the case by sending letters to the girl asking for mutual consent divorce. but she declined. His parents property is in india where no one lives, she recently got a court order to under Domestic violent act to stay in his parents house. His entire family lives in US. 

Please advise what can he do in this situation, can he take a injection order at the high court and at the same time he needs a divorce from her. 

I would like to hear some expertise advise. 

Thank you for your time.
Asked 3 years ago in Family Law from United Arab Emirates
Religion: Christian
1. After the dismissal of his annulment petition he is left with only two remedies to pursue-Either to challenge in a higher court the order of the lower court whereby and whereunder his annulment petition has been dismissed, or to convince his wife to file for mutual consent divorce (MCD).

2. Since his wife has refused to be a party to MCD the only remedy available to him is to file an appeal to challenge the judgment of the lower court. 

3. For what purpose does he need an injunction against his wife? 

4. As regards the domestic violence order passed by the court, you must note that as long as she remains the lawfully wedded wife of the boy she has the right to reside in her matrimonial house. The order passed by the court protects her right as a wife. If the husband himself never stayed in the property wherein his wife has been granted residence then the order of the court can be successfully challenged in the higher court.
Ashish Davessar
Advocate, Jaipur
23180 Answers
641 Consultations

5.0 on 5.0

Hi, as per law he can not do anything if he go to the High Court it has to be upheld the same order of the lower court and he can't get injuctive order restrain wife living separately from her matrimonial home and residence order has been passed by the Honorable Court you may prefer an appeal to the District and Session Judge.

2. It is better you can settle the matter amicably and without wife consent he can't get divorce.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) parents house is not the matrimonial home of girl . 

2)it is duty of husband to provide accommodation to wife . she cannot right in property belonging to her in laws . 

3) file an appal against order of magistrate permitting wife to stay in house owned by her in laws . however you ill have to provide her alternative accommodation . 

4) aslo contest DV case on merits . 

5)no sense in filing appeal against order rejecting annulment petition . 

6) if wife refuses to agree for MCD file for contested divorce
Ajay Sethi
Advocate, Mumbai
46940 Answers
2776 Consultations

5.0 on 5.0

1. Well when suit for annulment is dismissed, he can try his luck in a suit for divorce.
2. The Magistrate is wrong to give residence order to the wife in respect of her in laws property.
3. This order is bad in law and is likely to be set aside in higher court if appeal is prefered against such order.
4. So do so asap.
Devajyoti Barman
Advocate, Kolkata
13198 Answers
175 Consultations

5.0 on 5.0

1. She is the legally wedded wife of that boy,

2. She is legally entitled to stay at her matrimonial house being the house of the boy,

3. I find no strong ground for seeking annulment of the marriage,

4. However, the boy can either challenge the order passed by the lower court dismissing his petition for annuling his marriage or settle amicably with his wife for Mutual Consent Divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
18830 Answers
454 Consultations

5.0 on 5.0

1. File a contested divorce suit. Though it might take time, you don't have a better option.

2. Fight the DV case on merit.
Rajni Sinha
Advocate, Mumbai
330 Answers
34 Consultations

4.6 on 5.0

The husband is bound to provide residence to the wife. If he does not have any property on his name in india, then he need to provide maintenance to her or a residence. Further, as she is refusing for mutual consent divorce, file for a contested divorce on the ground of non-consummation, dessertion and creulty. The boy also needs to challenge the order passed by the Trial Court dismissing the Petition for annulment of Marriage. If the Magistrate has passed an order giving residence to wife, that could be done only if the property has been partitioned and on your share, the wife could claim maintenance. 

Please note if the boy is not capable to take care of the wife, then it becomes the duty of the father in law to provide maintenance and etc. So do the needful in india by contacting a good family lawyer.
Shaveta Sanghi
Advocate, Panchkula
887 Answers
64 Consultations

5.0 on 5.0

file an appeal u/s 29 of Protection of women from Domestic Violence Act-2005 before the appellate court/session Court against the trail court order passed in favour of her with an application of stay the trial court order till the final disposal of the appeal.

file a divorce petition before family court or file an appeal against the dismissal order of annulment petition before appellate court.
Nadeem Qureshi
Advocate, New Delhi
4902 Answers
227 Consultations

4.9 on 5.0

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