Legal Question in Family Law in Indonesia
married in india , working in indonesia , divorce location ?
dear members of law community ,
i need an urgent help and advice on a situation which goes like this :
my first cousin ( the girl) got married in india in december 2001 to a person ( the boy ) who is of indian origin( born - brought up- educated in india) and was in jakarta since last 10 years employed in family business. in may 2002 my cousin joined him and also got a job there also . in september 2002 , the boy has disclosed that he was friendly with a chinese girl and he married my cousin only under pressure from his parents and now wants to go away to korea with her ( the chinese origin girl). therefore divorce is the only option left for us. i need an advice that :
1. whether we can file divorce petition in india as the girl would be back to india next month on a vacation
2. if so, is the boy legally obliged to honour the indian court's notice
3. in this situation can we also ask for compensation in financial terms
4. can a divorce petition be filed in jakarta also ( which we are not willing since she is all alone there )
also please note that the boy has started process for obtaning indonesian passport and wants to surrender indian passport.
please advise ,
thanking you all in advance
rahul
2 Answers from Attorneys
Re: married in india , working in indonesia , divorce location ?
Yes, you can file the petition in India, also claiming alimony and maintenance. Such decree, when passed, will be effective and legally binding on the husband, wherever he is.
Filing of such petition in Jakarta will be governed by the Indonesian law, on which I cant advise.
Re: married in india , working in indonesia , divorce location ?
To
Mr. Rahul.
Your query relating to matrimonial case has to be answered in two parts. It follows as below.:
1. To confer jurisdiction in India it is possible under Indian law and filing Divorce Petition is permissible in India is legal and valid.
2. The Girl has to stay in India for a period of 3 to 4 months and later on she can go back to Jakarta or stay here permanently.
3. The boy is legally obliged to honour the Indian Court notice and there is no doubt about this.
4. You are entitled to ask for compensation and entitle for decree.
5. You can pursue the Decree by following the recovery in Indonesia or Jakarta.
6. You can also file Divorce petition in Jakarta but you cannot concurrently file the Divorce petition in both places/countries.
7. Our solicitation /advice are as follows
8. The factors are insufficient for giving advice in India. Please note that law in India and Law in Jakarta are different. The Alimony quantum in India and Jakarta are different.
9. Lastly it makes no difference so far as the Indian law is concerned whether the boy relinquishes the Indian Passport, as he married in India and he was present in India and the marriage took place in India.
10. If full details are given proper advice and help will follow.
Regards
Balasubramanya & Ramesh Kumar
Attorneys
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