I'm Raja from Tamil Nadu Sivagangai Dt. My wife from Philippines and we got registered our married on Nov 2017 under special marriage Act. She went back to Philippines on May 2022 but till now she doesn't want come back to India. Therefore, i want to send her official divorce notice. Please can advise me how to move forward and Is there any option to seek your consultation over the phone on in personal.
If the marriage is registered in India, please follow the Indian law. However, there are no grounds for divorce except abandonment. Under the Indian act the respondent must have deserted the petitioner without cause for at least 2 years before the petition for divorce was submitted. Please consult an advocate before proceeding.
What happens when an Indian woman married a Swedish national in Sweden and is deserted after he takes financial advantage of her in Sweden and he and his family physically and mentally abuse her? Does she have the jurisdiction to try him in India under section 125 of maintenance act and 498 a?
Lot of factors needs to be considered 1) Husband and in-laws, are they Indian citizens? 2) Where did the marriage was solemnized? 3) Did marriage was registered in India? Please do take opinion from an advocate Please do read this book published by external affairs ministry of India www.mea.gov.in/images/pdf/marriages-to-overseas-indians-booklet.pdf
@@SureshBadaMath Thank you for your swift response and for sharing the book by the MEA. 1) Husband is a Swedish national, his parents moved to Sweden from Gujarat when they were minors and obtained Swedish citizenship and gave birth to their son in Sweden. 2) Marriage was solemnized in Sweden. There was a court wedding in Sweden followed by a Nikah at a Mosque in Sweden. 3) Marriage was not registered in India as the girl was driven out of Sweden within 3 months of the marriages as her tourist visa was expiring. We have consulted a few lawyers. They are not too sure if the Indian courts have jurisdiction to try the husband under 498 A but they are confident of seeking maintenance under CrPc 125. This is a very peculiar case and I came across your video which threw a lot of light on issues which are a bit similar to this. Thank you!
So nice of you Thank you very much Please find complete access to copyrighted educational videos on Mental health is available on - linktr.ee/sureshbadamath
Court me 498 case h,germany se 4 years k baad 2019 me aaya,2021 jan me false case 498 lga diya ,she live in father home since 2016.she came my house in 2021 sept and file case ,now she threaten her father side seys she not give divorce. Now i want to re settle in europe ,what should i do,i should get sepration statious then settle in europe and marry with any, this is possible..
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please continue the good work Sir
Thank you very much Sydney for your encouraging feedback
Thank you sir for all your educational videos
Thank you so much
Welcome
I'm Raja from Tamil Nadu Sivagangai Dt. My wife from Philippines and we got registered our married on Nov 2017 under special marriage Act.
She went back to Philippines on May 2022 but till now she doesn't want come back to India. Therefore, i want to send her official divorce notice.
Please can advise me how to move forward and Is there any option to seek your consultation over the phone on in personal.
If the marriage is registered in India, please follow the Indian law. However, there are no grounds for divorce except abandonment. Under the Indian act the respondent must have deserted the petitioner without cause for at least 2 years before the petition for divorce was submitted.
Please consult an advocate before proceeding.
What happens when an Indian woman married a Swedish national in Sweden and is deserted after he takes financial advantage of her in Sweden and he and his family physically and mentally abuse her? Does she have the jurisdiction to try him in India under section 125 of maintenance act and 498 a?
Lot of factors needs to be considered
1) Husband and in-laws, are they Indian citizens?
2) Where did the marriage was solemnized?
3) Did marriage was registered in India?
Please do take opinion from an advocate
Please do read this book published by external affairs ministry of India
www.mea.gov.in/images/pdf/marriages-to-overseas-indians-booklet.pdf
@@SureshBadaMath
Thank you for your swift response and for sharing the book by the MEA.
1) Husband is a Swedish national, his parents moved to Sweden from Gujarat when they were minors and obtained Swedish citizenship and gave birth to their son in Sweden.
2) Marriage was solemnized in Sweden. There was a court wedding in Sweden followed by a Nikah at a Mosque in Sweden.
3) Marriage was not registered in India as the girl was driven out of Sweden within 3 months of the marriages as her tourist visa was expiring.
We have consulted a few lawyers. They are not too sure if the Indian courts have jurisdiction to try the husband under 498 A but they are confident of seeking maintenance under CrPc 125. This is a very peculiar case and I came across your video which threw a lot of light on issues which are a bit similar to this.
Thank you!
Sir, Very Well explained, Excellent 💐🙏🏻😊
So nice of you
Thank you very much
Please find complete access to copyrighted educational videos on Mental health is available on -
linktr.ee/sureshbadamath
Court me 498 case h,germany se 4 years k baad 2019 me aaya,2021 jan me false case 498 lga diya ,she live in father home since 2016.she came my house in 2021 sept and file case ,now she threaten her father side seys she not give divorce. Now i want to re settle in europe ,what should i do,i should get sepration statious then settle in europe and marry with any, this is possible..