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Incross Fintech LLP

We are NRI-focused platform, having expertise in international tax, inheritance laws, and Indian legal frameworks. We are backed by technology.

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Our Blogs

Registration of NRI Marriage: How to Get It Done Quickly and Legally
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Can someone file a case against an NRI husband who has filed a divorce petition on cruelty grounds and is not willing to come back to India?
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What will the marriage registration procedure be with NRI?
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Jurisdiction for divorce of Indian citizens married in India and living abroad.
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Can someone file a case against an NRI husband who has filed a divorce petition on cruelty grounds and is not willing to come back to India?

Legal Remedies for Wives in India Against NRIs Seeking Divorce Abroad

Yes, a case can be filed in India against an NRI husband who has filed a divorce petition on cruelty grounds and is unwilling to return to India. The wife can:

  • File for Maintenance or Alimony: Under Indian law, she can claim maintenance even if the husband resides abroad. For NRI marriage registration, maintenance claims can be pursued regardless of the husband's location.

  • Domestic Violence or Dowry Harassment Case: She can file cases under domestic violence or dowry harassment laws, including Section 498A of the Indian Penal Code. These cases are valid for NRI marriages, as long as they are registered correctly under the marriage registration process.

  • Red Corner Notice: If the husband refuses to cooperate with court proceedings, the Indian authorities can issue a Red Corner Notice to compel his return. The registration of NRI marriages can play a significant role in these proceedings, as it provides legal validation of the marriage in Indian courts.

In the case of NRI Marriage Registration, both the PAN card of the groom and bride are required along with other requirements for a marriage certificate. If the marriage was not registered in India, the wife may need to know how to obtain a marriage certificate through the legal marriage certificate process. Additionally, if an NRI marriage was performed abroad, she might want to explore online marriage registration or online court marriage registration options to ensure that the marriage is recognized in India.

Also Read: What will the marriage registration procedure be with NRI?

 

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