As the marriage has been solemnised and documented in India and she have any address of India second file her divorce petition in family court in India to get ex Parte divorce decree which will give her the liberty to go for another marriage after 90 days after degree
Taking Divorce from a husband left his wife from two years
I have a friend and she is 21 years old now her nationality is Afghan, while she was a kind of sold to a 45 Years old man Afghan Canadian Citizen and her marriage was held in Delhi, she has her marriage documents has been verified by Indian, Afghan and Canadian Authorities. She was meeting her husband by a visit visa in Delhi and man was so cruel and torturing her for around 7 Months, she was kept by her like a slave, and at the end he left her in India and gone for ever to Canada, since two years he never came back to her, nor support her and is not giving her divorce, the girl is now kept by her parents at home and is keeping her shut until her husband come back and live with her. She has no way but to claim her divorce and take what she has been suffered from her husband. Kindly let me know what does the Indian law says for these kinds of cases while both of them are foreigners and how would she file the case and what the possibilities and requirements. if you want to know more kindly contact me through my email or Mobile.
Asked 5 years ago in Family Law
Religion: Muslim
21 Answers
Probably there is no material difference in Muslim law on the issue of legal cruelty, between man and wife from other prevailing matrimonial laws in India. The test of cruelty is based on universal and humanitarian standards by the husband which would cause such bodily or mental pain as to endanger the wife’s safety of health. (Shamsunnissa Begum’s case, II. M.I. 551).
Instances of cruelty given in the provision of the Dissolution of Muslim Marriage Act 1939, include habitually assaulting the wife, making her life miserable by physical ill-treatment or by a conduct short of that, associating with woman of evil repute or leading an infamous life or preventing her from exercising her rights therein, obstructing her in the observance of her religious profession or practice and in case of bigamy treating her inequitably contrary to the Koranic injunction.
Section 2(viii)(a) of the concerned Act uses the words by cruel conduct even if such conduct does not amount to physical ill-treatment. This language is wide enough to include all cases of cruelty, not merely this, it would cover all types of misconduct or misbehaviour, serious and not very serious on the part of the husband calculated to break spirit of the wife by physical or moral force which was systemically exerted on her to such a degree and to such a length of time resulting in undermining her health, it will amount to cruelty.
In such cases i would advice you to approach the authorities with a complaint u/s 498a for the cruelty u have suffered and section 3 and 4 of dowry prohibition act.
Also, with this i would suggest the filing of a case under the the Domestic Violence act.
Where that girl is staying at present ?
Well for any torture committed to her India is subject to Indian law and criminal complaint is maintainable. She can also file divorce in India.
Since both husband and wife are Muslims they would be governed by Muslim personal law
2) kindly clarify whether marriage has been registered with Canadian or afghan consulate
Dear Sir/Madam,
- The complaint can be filed with National Women Commission with all issues in hand
- Simultaneously, the MEA ( Ministry of External Affairs) can be approaea with matter along with copy to Canadiay Embassy
- Be informed, without having any evidence in hand noone will interfere the matter Hence make sure to have the evidence handy and strong enough to cite her case.
- A complaint with local police can also be filed with respect to Breach of Trust and cruelty.
- My sympathy isiwith her and feel free to connect if I can be any help. No consideration of money is required for such needy case.
Regards
Vivek Arya
To answer your query, it is important to known in which country is the girl residing currently?
Also, which has an Indian body issued the nikahnaama in this case?
See directly if she is ke or this way by her parents then a police complaint against her parents can be filed further since she was married in India she can file a divorce under dissolution of Marriage act in India in family court.
Appreciate all of you for your valuable Answers, as per the query of those who is asking about the country where she resides now, she is currently in Afghanistan and she will find a way to move to india. and according to the proofs she has been mostly mentally tortured for long long times which you can easily feel while talking to her.
Asked 5 years ago
If she has documentary evidence to prove herher allegations, she'll get relief from court.
She can file criminal compliant in India but person being foreigner, if he dose not comes to India, Indian police cant do anything.
You can divorce your husband in Afghanistan as you are afghan citizen
divorce him as per muslim personal law
Hi, once she moves to India ,she may not be able to apply for divorce here ,However she can protect herself from the cruelty and may file for protection from the court ..
She can file a criminal complaint in nearest police station as well as take help of Canadian embassy
Dear Sir,
-Incase she is residing out of India and being Other country national, Indian law jurisdiction will not help her anyway.
- Reference to your input, I would advise her to move UNO / International Human Rights commission based at USA. Many girls from Syria and war zone had approached in past and have extended great support from UNO including moving them to USA.
- She can approach by mail also
Regards
Vivek Arya
See she can file a complaint before the authorities in India that is police if she is subjected to.cruelty in India.
1. if her marriage was performed in India , she can very well file a suit for dissolution of her marriage in India only.
2. Thereafter to teach her husband a good lesson she must lodge a complaint u/s 4948A, 323, 406, 326 of IPC.
3. Thereafter she must file a case for maintenance under PWDV aCT.
4. If her husband does not participate in the cases then warrant of arrest and Interpol Red Coenr notice can be issued He can even be extradited in India as well to face the rigours of law..
1. Under which Act the marriage was conducted/registered in India? Was it as per Sharia or as per Special Marriage Act?
2. However, presesntly she can file police complaint u/s498A of Indian Penal Code and also file a Dv case against her husband alleging domestice violence committed to her.
3. Thereafter she can file a petition u/s125 of Cr.P.C. claiming maintenance from her husband.
1. Though she is a foreighner, she can lodge a police complaint against any criminal act caused on her in India by anybody including another foreigner.
2. If she alleges that he had tortured her physically seeking dowry then the police can proceed against her husband applying section 498A of IPC apart from her filing the DV (Domestic Violence case against him.
Once she is back in India, she may prefer a petition seeking divorce under the Dissolution of Muslim Marriage Act.
Since her marriage was solemnised in Delhi, she can very well file a divorce petition ion the grounds of cruelty and desertion under the provisions of dissolution of muslim marriage act.
Even though she is a foreign nationality, since the marriage was solemnised in India, she can apply for divorce in India under the said provisions of law with the help of an advocate in the local, hence you may contact an advocate in the local or anyone of your choice who would be able to guide you in this matter properly.
She has to move to India for seeking dissolution of marriage which was solemnised in India.
She may not be able to dissolve her marriage in Afghanistan due to the legal complications.
Was she an Indian national at the time of marriage? Unless she was an Indian national or her marriage is registered under the law in force in India, the courts in India cannot entertain a petition for dissolution of marriage filed by her.
