Rights as a wife and how can I take legal action
Hi i am an indian passport holder divorced 35 yrs with a daughter from my marriage.i got married abt a yr and half back to an american passport holder in kuwait in an Anglecan church.i have a marriage certificate but it is not notarised.He has desserted me for the past one month no reply to msgs texts emails similarly to my family also and he is jus sitting quite.what can i do pls advise.what are my rights.i hv pictures of marriage bank account statements proving he was supporting me .he travelled 5 times to india and i hv all the pictures.please update me on my rights as a wife and what legal action can i take?
Asked 1 year ago in Family Law from Delhi, Delhi
Can I file a case in India and get him down legally or should i file it in kuwait?
Asked 1 year ago
1. You are very much lawfully wedded to your husband and hence you have all the legal rights of a wife.
2. So depending upon your priority you can seek legal recourse.
3. So you can file criminal case if you were tortured.
4. You can file case for maintenance under domestic violence act.
5. You can file suit for divorce or for restitution of conjugal rights depending upon your choice.
1) your husband is bound to maintain you as you are his legally wedded wife .
2) you can file complaint under DV act in India and seek alternative accommodation , maintenance from your husband
3) you can also file for divorce in India on grounds of cruelty and seek alimony from your husband
4) your second husband is not bound to maintain your daughter from first marriage unless there is valid adoption
1) Under Indian divorce laws the wife can file for divorce where she is currently residing. However since you were married in Kuwait the divorce laws of that country would be applicable. Therefore you need to initiate the case in Kuwait.
2) Alternately you should initiate proceedings for Restitution of conjugal rights. You should also file for maintenance for yourself and your child.
3) Send a legal notice to his last known address and proceed with further legal action depending on his response.
Since he's deserting you quite possible he will not come down. In such cases even courts are helpless nevertheless you may give its try and get the summons served to the local embassy.
In Indian court you may file for divorce if you want on grounds of desertion u/s. 13 (1) ( i-b) of Hindu Marriage Act 1955. You may claim maintenance u/s. 125 of Cr. Pc for yourself and for your daughter.
If you are comfortable travelling to Kuwait and filing a case there nothing like it chances are great he will show up in those local court. Before filing case against him meet him and talk it out to him the reason of his such behaviour.
I am sorry for divorce you will have to file u/s. 27 (1) (b) of the Special Marriage Act 1954
1. Your marriage took place in Kuwait but you are a citizen of India. You cannot take recourse to punitive Indian law as neither your husband is a citizen or resident of India nor your marriage took place in India. His mere travel to India does not make him liable under the Indian law.
2. Your rights are governed by the law of Kuwait (where you married) or America (of which your husband is a citizen). So you should file the case either in Kuwait or US. The only case you can file in India is of divorce.
1. No Court can force your husband to stay with you if he does not wishes to,
2. You can file a maintenance suit in India and arrange to send Notice to him,
3. If the Court so desires, it can arrange to send the Notice through MEA to USA to his USA address.
1. You can also file the case in Kuwait if he is staying in Kuwait,
2. Mind to add in your prayer about restraining him from leaving Kuwait by confiscating his Pass port.
You have stated to have married a foreigner in a foreign country as per the laws of that country. You have no reason to file a divorce in India though you hold an Indian passport.
You can file a divorce suit in that country alone as per the divorce/matrimonial laws of that country. You may consult a lawyer of that country and plan to execute the divorce proceedings from here itself by filing the same online or through a representative living in that country.
You both have not lived in India or have resided n India lastly before he deserted you, hence your divorce petition in India may not be legally tenable.
Dont get drawn by false assurances and stand cheated finally by hawkers or brokers here in India.