Legal Question in Family Law in India

i am a kenyan lady of indian origin married to an indian. have a kid want divorc

i am akenyan citizen of indian origin married to a indian national man.i have a son 2yrs old.i got married legally in Dec1999 and then eventually left with my husband to india. while i was married i underwent alot of mental and phisical torture from my husband and his family.i almost had a miscarriage when i was 4mths pregnant with my son.i head to be put under complete bed rest and was given the shirodkars stitches. but during this time too my husband never cared for and behaved very iresponsible leaving me alone in the hse with no one to even give me water, he left to stay for the weekend to his parents, which was 4hrs away from my hse.whatever i earned was used by my husband as he stol my atm card and since i had dollars given by my father, he also took them. iwas left without any money.i hvae come back to kenya and have a good job to support my son and my self.he has now come to kenya saying that he wants to patch upbut doesnt show any signs of, he has never financially supported my sons needs or mine when i came back to kenya or has asked about his son and how well he is doing. i now want a divorce as i am fed up with this situation.

Asked on 11/13/03, 3:29 am

3 Answers from Attorneys

Jayesh Desai Jayesh Desai

Re: i am a kenyan lady of indian origin married to an indian. have a kid want di

As both of you are in Kenya - consult a local lawyer abd file for divorce in Kenya.

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Answered on 11/13/03, 9:31 am

Mr. Rajkumar Dubey Dubey & Partners - Advocates

Re: i am a kenyan lady of indian origin married to an indian. have a kid want di

Dear Madam,

We understand that you being a Kenyan citizen of Indian origin, have been married to citizen of India in December 1999 and had lived with him in India. However, you have since returned to Kenya, as your husband and his family had resorted to mental and physical torture.

Under the present circumstances and on the basis of the facts as available to us, you may file a petition for divorce on the ground of cruelty. Cruelty is a valid ground for divorce in almost all the family laws relating to marriage and divorce.

However, in order to give a conclusive opinion on the matter, kindly provide us with the following details:

1. Religion practiced by you and your husband;

2. Place where the marriage had been solemnized;

3. Whether marriage has been solemnized under personal law or under the Special Marriage Act;

In case you require any clarification, please feel free to contact us.

Thanking you,

Yours truly,

Dubey & Partners


Actual resolution of legal issues depends upon many factors, including variations of fact and applicable laws. This information is not intended to provide legal advice on specific subjects, but rather to provide general insight of legalities involved upon the query raised. The reader should always consult with legal counsel before taking action on matters covered by herein

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Answered on 11/14/03, 11:25 pm
Prabhat Shroff Shroff & Company

Re: i am a kenyan lady of indian origin married to an indian. have a kid want di

Yes, you can file for a divorce and also for maintenance; however, before you do so, it is necessary to know as to where and under what laws were you married.

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Answered on 11/22/03, 12:41 am

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