How can NRI Husband divorce wife who lives in India with no alimony after short marriage based on fraud?
My friend lives in USA, he went to India and got married and lived with his wife for few days only to discover that she has incurable disease of SLE. The girl was diagnosed with the disease few years ago and she did not disclose any of this before the wedding. Can he divorce his wife based on the disease or does ha have to pay alimony for the rest of his life. The wife is threatning to go to Women Cell and go after his property in case of divorce.
My friend is muslim and he cannot get the wife to agree on mutual consent. The property belongs to his parents in India. She has threatened to go to woman cell in India and keep demanding more money in checks. So far he has paid around 2500 rupess per month but she keeps demanding for more. So much for a marriage of one week duration. Thank you all for helping out.
Firstly the marriage based on the ground that consent of the petitioner for the marriage was taken by fraud cannot be dissolve the marriage by decree of divorce but decree of annulment & that too within one year of this fraud being discovered. Secondly if the petitioner has missed his bus of by not filling for annulment as discussed above then the ground for divorce on the basis of the incurable disease can be ground only in the following cases:- has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent; or has been suffering from a virulent and incurable form of leprosy; or has been suffering from venereal disease in a communicable form; These are the only cases where the decree of divorce can be obtained. There is no mention of Systemic lupus erythematosus (SLE) disease to be a ground for obtaining divorce by the petitioner. As far benefits of Monthly maintenance during the pendency of any proceeding with regard to annulment or divorce or monthly maintenance for a wife who has no means for her maintenance or permanent maintenance or Alimony at the time of finalization annulment or divorce proceedings is concerned the wife can claim it in any of these conditions even if the marriage is one hour old leave aside few days. The term ‘Wife’ includes a legally married female & on the completion of the Marriage Ceremonies when the Priest or the Marriage Officer declare the bride & groom as married couple this meter of claiming maintenance from the spouse/husband begins for the wife even if they don’t live together or even consummate the marriage the legal right of wife has come in existence. Anyhow I have already told enough about all this here & tell your NRI friend living in USA to get paid legal consultancy for detailed discussion on this topic as I see that all NRI guys sitting in USA are seeking only free legal advices through such websites as yahoo answers (check my Q&A profile) but don’t want to pay professional fee of a lawyer to obtain legal consultancy from him, after all these NRIs are not bankrupt by any means that they want only free legal consultancy. Edit: – for Muslims marriage & divorce the laws are different & purely based on the Shariat. However, Monthly Maintenance is concerned even a Muslim wife can claim it under section 125 of the Criminal Procedure Code or under the Protection of the women from the Domestic Violence Act (D.V.Act). She can even claim place of residence at the expense of her husband. As far since it is a Muslim Marriage & triple divorce is legally acceptable manner of divorce which the Muslim Husband can give within three months duration (one divorce call in each month to be completed in three months & giving one month time each month for compromise, but once the last call or 3rd call for divorce is made the divorce will be complete irrevocably). As far Alimony in Muslim Divorce is concerned it has to be the Mehar Amount only which was agreed at the time of marriage nothing more then that.