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My husband is into a lot of fraud activities
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Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.
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International marriage
Anna asks,
I am living in America and I am American citizen, I want to marry a man who lives in Australia who is there on student visa and is citizen of India, what can I do to make this happen? Thank you
Dear Anna,
It is advisable for you to preferably get married in America under the American laws or else in India Under Special Marriage Act 1954 to avoid further complications. Also you have an option that you could get married at any place outside India and get registered under Foreign Marriage act 1969 in compliance with Indian laws.
Married for money
Jeya asks,
I am married to a guy in Mumbai, but couldn't get along with him. His behaviour towards my family and me was very bad, apart from this he and his family are into lot of fraud activities. He works abroad without any work permit and many more things. I came to know about the whole thing after my marriage, moreover he has taken 3 lakh rupees from my brother and also all the marriage expenses were taken care by us. I am currently staying at my parents place. He has gone abroad, they had promised to return our money but are delaying every time. Really don't know what to do, kindly suggest.
Dear Jeya,
Firstly try and resolve your issue mutually amongst your family members or else you could consult a lawyer for filing Petition for divorce under the grounds of mental cruelty under section 13 1 (ia) of the Hindu Marriage Act, presumably that you got married under Hindu Marriage Act.
Clear marital status
Lloyd asks,
I am in love with a married woman, and we have decided to live together. But she has not divorced her present husband. She is suffering physical abuse and mental torture from her husband. What should be done to register our marriage at the earliest?
Dear Lloyd,
Firstly to get married you need to have a clear marital status of your proposed spouse, i.e you need to ask your proposed spouse to immediately file for divorce on the grounds of mental cruelty only after obtaining a clear courts order of divorce, you can legally get married to your proposed spouse.
Inter-caste marriage
Carol asks,
We are coming to India in middle of June to get married. My fiancée is a Hindu, Indian and I am Christian, Polish citizen. Please, tell us the possibilities of getting married in Punjab? Can we get married in gurudwara / temple and register our marriage in Registrar of Marriages?
Dear Carol,
You can get married in Punjab, but it is not advisable for you to get married in gurudwara. What I would suggest you is to marry under the Special Marriage act 1954 before the Registrar of Marriages in Punjab.
Valid divorce
Raghu Verma asks,
I am in the USA on an H-1 Visa. My wife is in India (she has never come to the US). Can I divorce her in US courts, and is the divorce recognised by Indian courts? I have a fair idea of her last known address, and I am also sure she will not consent to the divorce. From USA I can get a divorce on grounds of 'irretrievably broken', and send her the petition on 'last known address'. Maybe the last known address does not actually reach her, and I am able to get a divorce in USA. Will it be valid in India? We have been separated for the last 2 years. Can she appeal the decision in India?
Dear Raghu,
Decree or order obtained from a foreign court cannot be a valid divorce in India. With regards to your query you need to file your papers in the appropriate jurisdiction of your place of Marriage to the Matrimonial forum in India.
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