• NRI living in India wants divorce

Dear Lawyers, I am one of the victim of listening to parents and doing an arrange marriage..I got married in a city of bihar 2008 and in Nov 2015 this year, it will be 7 yrs of marriage. I was an Now I am a Foreign citizen with OCI status of India.. Living in India/Delhi for last 2 years. And she is an Indian national, Living at her moms house in bihar city.My Marital life was out of control since the very first day of marriage. Aftre marriage, in a week we went to overseas as i was working then there. After 2.5 years I had to send her back to India as of her visa status..and i stayed there as i have to change country for new work. This gave us an 18 months seperation time. During this I expected she will learn the value of life, but was a waste.  During this time she stayed at her mothers place.She joined me again in new country after 18 months, we lived for 7 months together again, with same problem life as we had. I always wanted to take legal and mental advice overseas but couldnot gather courage to do so. It was easy for me to divirce overseas but i felt its my honest responsibility to return her to her family.. I decided to return to India to fix this problem for ever.I left my wonderful career for the sake of my relation ship. Again India she is living at her motehrs place for last 2 years.Last year at my insist, she has been taken to a phyciatrist, and was diagnosed with mental ilness. Now she is on medication and livign withher mom. It has been established that she was sick before marriage.After a year and as always her family is saying she has improved but i know through her talks as she is still sick. No one is understannding my side...I am jobless for last 2 yrs and also not gettign as i have lost confidence in myself and kind of just passing time. I am not getting any work too as now tehre is a good gap in my career  Please noe she has never lived with her inlaws alone for more than one day(airport Transit) . Well now her ilness says everythin.Anyw ays no point of  dragging my issue.. Now I want to divorce as cant live like this for ever. Just because of my my complete family is saddend. Her Family is just waiting for som miracle. She want to join me but i am not allowing as I dont want to live with a person having mental ilness as there have been circumstances where my life was in danger..Till date in 6.5 yrs of marriage,, 3.5 yrs we have lived seperately due to unavoidable circumstances..Any wayss..my questions are..
1.Which City should I file divorce... Here In delhi where I am living or her parental place/where I got married ..As I heared she can transfer the case to her home town.?
2.I am a foreign national and she is an indian National. Does it impact the case in Anways on indian soil.
3.She is not willing to divorce mutualy as I have to go through Contested divorce...She is always threatning to take legal action against me for torturing her.. I dont know when I did..when ever i talk about us not being compatible and divorce, she jokes around feels i cant divorce her. My worry is If i break the serious news of filing a divorce on my own and sending a notice to her... in the mean time if she do false complaint about me before she receives a notice.....Where do i stand? Do I have a better case of gettig bail or I am stucked with it..
4. What is the best precaution i can take in advance to safe guard my elderly parents and relatives of ay false alligation.
4.She does not work and I Does not work,,Actually now i feel i shud go to streets and do begging but not earn for her... I can live with minimum...How much compensataion/maintainance she can seek as of minimal amount.. No Kids involved.. 
5. In Six month my marriage will be of 7 yrs.. Does it help my case in any ways.
Kindly suggest if i have a better chance of getting divorce as a contested divorce.
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. You can file for divorce at the place where you are residing if she also lived in this house.

2. You may be a foreign national, but your wife is an Indian national and your marriage also took place in India. So India is where you should be applying for divorce.

3. Do not break any news to her. Let the news be broken to her by the court notice of you filing for divorce. If a false case is registered against you then seek bail. The chances of bail vary from one case to another. So we cannot comment on the chances until the case is actually filed.

4. Your parents should also seek bail well in advance to obviate the possibility of their arrest. 

5. Wives have the tendency of asking for moon when it comes to maintenance, but the courts give an amount which is realistic. 

7. The duration of marriage has no bearing on the legal rights of any spouse. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) you should file for divorce in city wherein your wife is residing and you got married 

2) if you file for divorce in delhi your wife will move Sc to transfer case to city wherein she is staying in bihar 

3) merely because you are a foreign national and OCI will not impact your divorce case 

3)you can  file for divorce on grounds of mental cruelty if your wife is not willing to divorce you by mutual consent . contested divorce cases take 5 years to be disposed of 


4) your wife can file domestic violence / 498A case case against you . in case any false case is filed of dowry harassment obtain anticipatory bail and contest on merits 

5)wife is generally entitled  to 1/3rd of husband income as maintenance . even if you are  not working you are bound to maintain your wife 

6)you have to prove allegations made by you in your divorce petition to be granted divorce . if you are unable to prove allegations your petition would be dismissed 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1)You can file divorce case in the place of marriage too.
2) No
3) If she is not willing for mutual consent divorce, you may file a contested divorce.  If she lodges false criminal cases against you, you may take precautions accordingly. 
4) In maintenance application he has to prove your sources of income, the court will decide on the established fats of your actual income. 
5) You have to conduct the case on the basis of merits and documentary evidence in your possession. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Hi,
You have written a one sided story in which you've blamed everyone including your parents. You have not even clarified why you're staying in Delhi if you're jobless. Since you've asked for easy way out of this marriage, let me tell you that contested divorce takes a lot of time. And no, seven years or whatever, it's not going to help you in any way. Can you prove that your wife's mental condition was not normal at the time of marriage or before it also you were kept in dark about this by her parents? What exactly do you mean by 'she will learn the value of life"? 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1.You can file divorce case in either of any one place where marriage took place, where you and she both lived together lastly and where she is presently residing.
2.No it does not matter.
3 & 4.if she files any false case against you and or your family/parents etc whether before or after receiving summons of your divorce case , you have to apply for anticipatory bails and now in view of recent supreme court rulings, its not so easy to lodge FIR against your parents and other relatives. 

5. (wrongly mentioned as 4) Depending upon various facts and circumstances such as income, liabilities,expenditures, status etc.  of both the parties amount of maintenance is decided and there is no fixed amount or minimum or maximum. It all depends.

6.(wrongly mentioned as 5) No it does not.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Dear Querist
My opinion on your queries are as under:

1.Which City should I file divorce... Here In delhi where I am living or her parental place/where I got married ..As I heared she can transfer the case to her home town.?
opinion: as per section 19 of HMA the jurisdiction of the court read the section carefully
19 Court to which petition shall be presented. ?Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction?
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]
Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.

2.I am a foreign national and she is an indian National. Does it impact the case in Anways on indian soil.
Opinion: there is no difference.

3.She is not willing to divorce mutualy as I have to go through Contested divorce...She is always threatning to take legal action against me for torturing her.. I dont know when I did..when ever i talk about us not being compatible and divorce, she jokes around feels i cant divorce her. My worry is If i break the serious news of filing a divorce on my own and sending a notice to her... in the mean time if she do false complaint about me before she receives a notice.....Where do i stand? Do I have a better case of gettig bail or I am stucked with it..
Opinion: if there is any complaint filed by her against you then only Anticipatory bail otherwise not.

4. What is the best precaution i can take in advance to safe guard my elderly parents and relatives of ay false alligation.
Opinion: you may sent an information cum complaint against her only for information/record and not for any action.

4.She does not work and I Does not work,,Actually now i feel i shud go to streets and do begging but not earn for her... I can live with minimum...How much compensation/maintenance she can seek as of minimal amount.. No Kids involved.
Opinion: 1/3 of your income she may get as an alimony/maintenance if she is unable to maintain herself.

5. In Six month my marriage will be of 7 yrs.. Does it help my case in any ways.
opinion: It may be possible that this point may help you before the court.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Better you should file the case on her home town district court /Family court. She has got opportunity for transfer the case if you file it in other place. The Indian court decree is valid in your case. Try for a mutual consent Divorce. If she files a false case then contest the case on merit.
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0

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