Divorce of #NRI -Khanna & Associates LLP

 

A COMPLETE GUIDE ON DIVORCE OF NRI

Many non-resident Indians (NRI) come to India to marry girls who are also aspirants to migrate from India by this marriage relation. It is often seen that some NRIs marry local girls, enjoy them and return to the foreign countries with vague hopes behind that their wives would be taken after completion of official formalities. But all those hopes are never materialized. Sometimes they receive papers in India in the form of foreign divorce decree. In the Punjab it is said that the NRI matrimonial frauds account for at least one-fifth of women related complaints to the Punjab State Women’s Commission!

No doubt you can file the case in US and got the divorce over there also but to imply the same in India you have to file the case in India also. Coz you enter into the marriage in India and it is Indian court only who can make divorce also. So the best way is attend the Indian court else even getting divorce from US, you have to again file a case in India to validate and execute the order in India and there are very few lawyers who act on International law and treaties. Further without executing the divorce of first wife you cannot arrange second wife in India in respect of any city. It will amount to bigamy and you will be dealt with criminal charges. The same was held in the case of Y. Narasimha Rao & Ors. v. Y. Venkata Lakshmi & Ors.

The Hon’ble Supreme Court in the case of Smruti Pahariya Vs Sanjay Pahariya has held the personal presence of both parties required for the purpose giving evidence to show to the satisfaction of the Family court that the consent for divorce exist till the end, there is no withdrawal of the consent by either of them & if any of them is absent there will be no presumption that consent given during the first motion for the divorce shall continue till the end hence both of them should be present at the time of second motion too for ascertaining their consent for divorce.

If both the NRI spouses are Indians and have been married under Hindu marriage Act of 1955 they can seek divorce with mutual consent under section 13-b that provides for divorce by mutual consent.

As far the fault divorce proceeding if the other party fail to file his/her defense the divorce proceedings shall be done ex-parte against that person, the evidence of the petitioner recorded & the decree of divorce passed, whether the other party accept the grounds of divorce or not, his/her absence means he/she has no defense/remain uncontested hence proceeded ex-parte.

 

Khanna & Associates LLP founded in 1948 by Late Amarnath Singh Khanna is a giant of its kind.It is a conglomerate of Diversified Acumen with its verticals ranging from Legal to Finance .

Khanna & Associates have associates accross the globe and human resource which are one of its kind .

KHANNA & ASSOCIATES is a full service International Law Firm handling all legal matters on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all courts as well  as Tribunals. An individualized service by members with decades of experience ensures total satisfaction to the clients.

 

The firm relies on the latest computing and communications equipment to enable fast and cost effective services to clients. It makes complete usage of a practical and effective precedent development system to ensure uniformity and time management. The firm has adapted itself successfully to the modern day demands of global competitiveness and competence.

 

We Provide services are:

• Legal Outsourcing Work (LPO)
• Matrimonial
• Civil and Criminal
• International domain
• Infringement of Fundamental Rights
• Family Law
• Landlord Tenant and Property disputes
• Service, Employment and Education matters
• Money Recovery
• Cheque dishonor
• Consumer Disputes – Appellate
• Government
• Motor Accident Claims
• Contracts
• Arbitration & Conciliationt
• Media laws
• Intellectual property/information technology laws
• Commercial and corporate transactions

 

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what is the definition of Stridhan/Rights Of Women on Stridhan-Khanna & AssociatesLLP

 A COMPLETE GUIDE ON STRIDHANA

Meaning of Stridhana: the word Stridhana is composed of two words: Stri (woman) and Dhana (Property). The word means the property belonging to a woman.  As observed in Rajamma’s case, a gift given to a Hindu woman before and after her marriage constitutes woman’s property.

A Hindu female can secure the property from numerous sources but every such property cannot be Stridhana. Whether a property constitutes stridhan depends upon:

• Sources of the acquired property.
• The status of the female at the time of acquiring the property, i.e. maidenhood, married status or widowed.

SOURCES OF STRIDHAN:

Properties acquired from the following sources fall under the expression Stridhana-

• Gift received from relatives.
• Gifts and bequests from strangers during maidenhood.
• Property obtained in partition.
• Property got in lieu of maintenance.
• Property acquired by inheritance.
• Property acquired through technical skill and art.
• Property acquired by compromise.
• Property acquired by adverse possession.
• Property purchased with the earnings of the stridhana or with savings of income from stridhana.

 

• Property acquired lawfully from sources other than those mentioned above.

 

 

 

Rights of Women over Stridhana

The right depends upon the status and source of the stridhana-

• Unmarried status – Any Hindu woman can dispose of the stridhana voluntarily. However if she is minor, minority renders the incompetency to the right of disposal.
• Married status: The right of disposal of the stridhana varies with the nature of the stridhana. For this purpose the stridhana has been divided into saudayika and asaudayika stridhana. During marriage the saudayika stridhana gifts of love and affection) – gifts received by a woman from relations on both sides (parents and in-laws) could be alienated freely by her, but asaudayika stridhana all other types of Stridhana such as gifts from stranger, property acquired by self-exertion or the mechanical arts.
• could be alienated by her with the consent of her husband only. This rule is subject to the condition that where husband and wife live together. Where both have departed, asaudayika stridhana can be disposed of by the wife even without the consent of her husband
• During widowhood. – During widowhood the woman has an absolute and unrestricted right of alienation of property, irrespective of the fact whether it has been acquired prior or after the death of the husband. Thus she can alienate the properties without any constraint. So far as the question of succession to the property of a woman of bad character is concerned, her bad character does not extingui.sh the blood relationship.

 

STRIDHANA, ITS SUCCESSION UNDER HINDU SUCCESSION ACT, 1956:

Section 14 provided that every property which was in possession of a Hindu female at the time of the enforcement of the Act, whether acquired prior to or subsequent to the Act, became her absolute property.

Section 15 lays down that when a Hindu female dies intestate leaving her stridhana, it would devolve upon the following categories of heir according to the rules provided in Section 16 of the Act:

• Firstly, upon sons and daughters(including the children of a predeceased son or daughter) and husband;
• Secondly, upon the heirs of husband;
• Thirdly, upon father and mother;
• fourthly, upon the heirs of father;
• fifthly, upon the heirs of mother;

 

Application under different laws

• If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under 405 & 406 IPC.
• Section 12 of the Domestic Violence Act, 2005 provides for women right to her Stridhana in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for recovery of Stridhana.
• Again u/s 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Stridhana, jewellery, clothes and other necessary items.

 

Khanna & Associates LLP founded in 1948 by Late Amarnath Singh Khanna is a giant of its kind.It is a conglomerate of Diversified Acumen with its verticals ranging from Legal to Finance .Khanna & Associates have associates accross the globe and human resource which are one of its kind .

KHANNA & ASSOCIATES is a full service International Law Firm handling all legal matters on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all courts as well  as Tribunals. An individualized service by members with decades of experience ensures total satisfaction to the clients.

.We Provide services are:

• Legal Outsourcing Work (LPO)
• Matrimonial
• Civil and Criminal
• International domain
• Infringement of Fundamental Rights
• Family Law
• Landlord Tenant and Property disputes
• Service, Employment and Education matters
• Money Recovery
• Cheque dishonor
• Consumer Disputes – Appellate
• Government
• Motor Accident Claims
• Contracts
• Arbitration & Conciliationt
• Media laws
• Intellectual property/information technology laws
• Commercial and corporate transactions

Contact Us:

• khannaandassociates.com
• cafirm.khannaandassociates.com
• bestdivorcelawyer.in
• domesticviolence.co.in

 

 IN-+91-9461620007 ,9461620006

US-+1-80151-20200

info@khannaandassociates.com

cafirm.khannaandassociates@gmail.com

 

Alimony: What Do I Need to Know Before Divorce ? -Khanna & Associates LLP

A COMPLETE GUIDE ON ALIMONY

Alimony is called spousal support. It is designed to provide financial support to the lower-income spouse with money for living expenses. Alimony in most states is very much in the discretion of judge. While deciding the same the judge considers several factors whether to grant the alimony or not. It involves:

• The parties’ relative ability to earn money, both now and in the future.
• Their respective age and health.
• The length of the marriage.
• The kind of property involved.
• The conduct of the parties.

And for deciding the quantum of the amount to be paid as alimony the courts consider the following factors :

• How much money each person could reasonably earn every month.
• What the reasonable expenses are going to be for each of them.
• Whether an alimony award from one to the other would make it possible for each to go forward with a lifestyle somewhat close to what the couple had before they split—known in divorce law as “the standard of living established during the marriage.”
• Any factor which court may feel relevant.

In general, there are four types of alimony:

• Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, “pending the suit”.
• Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient.
• Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient.
• Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses).

Alimony is an award for support and maintenance that one spouse may be compelled to pay to anotherafter dissolution of the marriage, it would seem to follow that no alimony could be awarded to a spousefollowing an Annulment, which treats the marriage relationship as if it had never existed.

Alimony is often deemed “rehabilitative,” that is, it is ordered for only so long as is necessary for the recipient spouse to receive training and become self-supporting. If the divorce decree does not specify a spousal support termination date, the payments must continue until the court orders otherwise. Most awards end if the recipient remarries.

 

Khanna & Associates LLP founded in 1948 by Late Amarnath Singh Khanna is a giant of its kind.It is a conglomerate of Diversified Acumen with its verticals ranging from Legal to Finance .Khanna & Associates have associates accross the globe and human resource which are one of its kind .

KHANNA & ASSOCIATES is a full service International Law Firm handling all legal matters on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all courts as well  as Tribunals. An individualized service by members with decades of experience ensures total satisfaction to the clients.

.We Provide services are:

• Legal Outsourcing Work (LPO)
• Matrimonial
• Civil and Criminal
• International domain
• Infringement of Fundamental Rights
• Family Law
• Landlord Tenant and Property disputes
• Service, Employment and Education matters
• Money Recovery
• Cheque dishonor
• Consumer Disputes – Appellate
• Government
• Motor Accident Claims
• Contracts
• Arbitration & Conciliationt
• Media laws
• Intellectual property/information technology laws
• Commercial and corporate transactions

Contact Us:

• khannaandassociates.com
• cafirm.khannaandassociates.com
• bestdivorcelawyer.in
• domesticviolence.co.in

 

IN-+91-9461620007 ,9461620006

US-+1-80151-20200

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A Complete Guide to Court Marriage

Khanna & Associates LLP founded in 1948 by Late Amarnath Singh Khanna is a giant of its kind.It is a conglomerate of Diversified Acumen with its verticals ranging from Legal to Finance .
Our Team at Khanna & Associates will make an endeavour to help in your way to seek suitable relief/actions

Court Marriage in India has a common procedure, which has to be followed by every couple. If a marriage is not registered with any court registrar then the marriage will not be consider valid during legal procedures such as, applying for a joint home loan, Visa. You could also be fined for not registering your marriage. It is a rule that all the marriages have to be registered whether you are having a wedding ceremony or not.

A marriage certificate is an important proof, in case there are some problems between you and your spouse in the future and a legal action needs to be taken.

KHANNA & ASSOCIATES is a full service International Law Firm handling all legal matters on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all courts as well  as Tribunals. An individualized service by members with decades of experience ensures total satisfaction to the clients.

We Provide Following Services :

• Mutual Consent Divorce
• Contested Divorce
• International Divorce
• NRI Divorce
• Child Custody
• Maintainance and Alimony
• 498A and other Criminal Proceedings
• Annulment Of Marriage
• Domestic Violence
• Transfer Petition in Supreme Court
• Restitution Of Conjugal Rights
• Judicial Seperation
• Court Marriage
• Divore Petiotion Drafting
• Counseling & Mediation

Contact Us :

• khannaandassociates.com
• cafirm.khannaandassociates.com
• bestdivorcelawyer.in
• domesticviolence.co.in

IN-+91-946160007 ,9461620006

US-+1-80151-20200

info@khannaandassociates.com

cafirm.khannaandassociates@gmail.com