Is wife working .?
if both are working wife would not get any alimony unless there is substantial difference in your incomes
best option is to file for divorce by mutual consent in india
Divorce between NRIs
My friend who is a permanent resident of USA entered into marriage with his wife who is resident of Canada in Feb 2022 in Ahmedabad. Their marriage is not registered anywhere (India, US or Canada) nor they have lived together after marriage. 3 months after the marriage his wife asked for separation. After some trying she agreed to give a couple of months but she didn’t try anything. My friend would call her but she would put phone on speaker with all of her family members and not talk to him. She never called him as well. It was always my friend who tried to save the marriage but she did nothing to save the marriage. From May to Oct of 2022 my friend would try but nothing worked and she will continue to ask for divorce so my friend agrees for divorce so he sent her a pepper to sign. After getting papers her family is not agreeing to sing and threading my friend and his family that they will use Indian divorce law to get money if they don’t agree. My friend has no joint properties, accounts, liabilities or anything with her. Also my friend has made no purchase of any such after entering the marriage. Please help what options he has! He is willing to end the marriage if she wants.
Asked 3 years ago in Family Law
Religion: Hindu
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11 Answers
Yes she is a working woman. She has her own source of income and she also recently sponsored her parents to Canada. I understand the mutual options but they are not readying to sign the papers not sure why.
Asked 3 years ago
File for divorce on grounds of mental cruelty
wife refusing to stay with husband amounts to mental cruelty
you can file for divorce only on expiry of one year of marriage
only in exceptional circumstances can you file for divorce before expiry of one year of marriage
Before she files divorce in India ask your friend to apply for Nullity of marriage. If it's apply in the court of law in India within one year of marriage.
So they both will be called as bachelor & bachelorette and not divorcee in the future. And you friend no need to pay any single penny to her.
Indian penal and matrimonial law follows Indian citizens around the world under Section 3 of Indian Penal Code, 1860. Presuming that both are only resident of respective countries and not nationals, she has right to file divorce and criminal cases against you in India. She has option of filing complaint under 498A, Dowry Prohibition Act and under other provisions of Indian Penal Code, 1860 ensuing circulation of LOC, Red Corner Notice and other procedure to enforce your presence in Court. She has to appear in Courts in India for filing other proceeding can be done through VC. This is matter of fact of picture. A earning wife is not entitled for any maintenance but she can claim alimony.
Don't go for Mutual Consent Divorce.. You friend still has time to go for Nullity of Marriage.
Only the spouses signatures are required for Mutual consent divorce.
Parents signatures are not required.
He can file for Mutual consent divorce in India but that can only be filed after 1 year of marriage.
Your friend can file for mutual divorce if she agrees otherwise go for contested divorce
Even though the marriage has not been consummated nor they lived together, as far as divorce is concerned, he can file the divorce case in India only after completion of one year from the date of marriage.
However he can file a petition seeking annulment of marriage as their marriage was not consummated and that they never lived together after marriage.
If she is demanding exorbitant amount as settlement, let him refuse to pay the same and ask her to approach court of law with a case demanding her claim, he can challenge the same appropriately
If she is a working woman and having sufficient source of income to sustain her expenses hen she is not eligible for maintenance, therefore you do not have to budge to their pressure and refuse to pay even a single penny, let she approach court for maintenance where you can produce documentary evidence about her employment and income details to dismiss her claim
Dear client your friend can file for divorce in their matrimonial home. in that case if the marriage is performed in Gujarat then they can also file for divorce in Gujarat. More over they have also the chance to apply for divorce in USA
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in foreign Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- Further, Ex-parte decree of Divorce granted by foreign Court will not be recognized by Indian Court.
- Hence, if they don't want to come India , then they can file a joint petition in US or Canadian Court for getting mutual divorce , however the presence of both the parties are needed for getting the same.
- Further they can also file this petition in India after completing one year separation , and if she not agree for the same then your friend can file a contested divorce in India.
- Further, if his marriage was not consummated then the marriage can be declared as null and void after filing a declaration suit .
