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Need assistance with a kin married to a Mauritian Citizen

Last activity 04 November 2020 by kunal rai

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Darshanpmehta

Hello All,

Thank you for starting and running this wonderful forum.

I have a next of kin (woman) married to a Mauritian citizen. The husband was born in Mauritius. The wife was born in India. They are married since 2001.

Now, since 2001 the husband has not bothered to get citizenship for his wife (the Indian woman). They have two children -a boy age 15, and a girl age 10. The husband is not providing any money to the household - no school fees for kids, no money to run the household - no money to buy clothes, and other essential items. On top of it, he is not allowing the woman to work and earn money.

She is thinking to get divorced, but in the absence of any papers i.e. Citizenship papers, she is helpless.

I will be thankful for any guidance that any member here can provide.

I look forward to your inputs ladies and gentlemen.

My most humble regards,

Darshan Mehta

External

Darshanpmehta wrote:

Hello All,
Now, since 2001 the husband has not bothered to get citizenship for his wife (the Indian woman). They have two children -a boy age 15, and a girl age 10. The husband is not providing any money to the household - no school fees for kids, no money to run the household - no money to buy clothes, and other essential items. On top of it, he is not allowing the woman to work and earn money.


One question pops up:
If this is the case , how are your kin and her two children living without any money?

Darshanpmehta

Hi,

Thank you for responding.

We support her as best as we can, and she sings songs in birthday parties and other events.

External

Couple of things to remember:

1.The Constitution of India does NOT allow dual citizenship - Thus , this may be the reason as to why the process for citizenship did not happen.
FWIW: Citizenship is not given as soon as one gets married . You have to live on the island for 4 years and under the same roof before applying for citizenship and it is at the discretion of the Prime Minister's office.

2. Should she ask for a divorce, and be granted one , she may be asked to leave the island or to do so when the children turn 18.

BTW: Divorce proceeding is NOT dependent on whether she is a Mauritian citizen or not.  If she is only religiously married , she will have to seek other avenues and I don't know which one. If there is a civil marriage , then a divorce can be asked for.

Darshanpmehta

Hello,

Thank you for your response.

The process for citizenship was not initiated by the husband after several requests over several years. The marriage took place 14 years ago. In fact the husband has told on several occasions that he does not intend to help her become a citizen. I suspect he may be more interested in another woman.

Again I am not very sure about whether you need to give up Indian citizenship before getting Mauritian Citizenship or after.

She does have a marriage certificate issued by the Mauritian authorities. So I think she may be able to file for divorce.

Thank you once again for taking the time to respond to my message.

External

Darshanpmehta wrote:

Hello,



Again I am not very sure about whether you need to give up Indian citizenship before getting Mauritian Citizenship or after.
Check with the Indian govt.


She does have a marriage certificate issued by the Mauritian authorities. So I think she may be able to file for divorce.
Since she is married to a Mauritian Citizen, she has the RIGHT to petition for a divorce. Need to get a barrister

Thank you once again for taking the time to respond to my message.

kunal rai

Can this Indian woman file a divorce petition in India? But she was married with Maritian citizen in Mauritus

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