Marital dispute

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​I, Muskan, a citizen of India, submit the following facts regarding my spouse, Shahad Muhammad, currently residing in Saudi Arabia:
​Marital History:
We were married in 2019 in India. Within 15 days of the marriage, my husband departed for Saudi Arabia. He returned briefly in 2021 for two years before leaving again for employment in Saudi Arabia, where he remains currently.
​Financial Desertion:
Throughout the duration of our marriage, my husband has failed to provide any maintenance or "Nafaqah," leaving me without financial support for several years.
​Dowry and Extortion:
During the marriage, my husband and his family demanded 15 Lakh INR. My family provided 5 Lakh INR in jewelry (confirmed by two eyewitnesses) and funded a wedding ceremony valued at 20 Lakh INR.
​Threats and Intimidation:
When I attempted to contact my husband to seek support, he issued life-threatening warnings, strictly forbidding me from contacting him again and threatening physical harm if I persisted.
​Current Legal Status in India:
Due to the desertion and harassment, I have filed a formal case in the Indian court system. The court has recognized the gravity of the situation and has issued: a Non-Bailable Warrant (NBW) against Shahad Muhammad; a Look Out Circular (LOC) to prevent his entry/exit without legal intervention.
​Evasion of Law:
Despite the recent passing of his mother, my husband refused to return to India, demonstrating a clear intent to evade the judicial process and his marital responsibilities.
​Objective:
I am seeking to initiate legal proceedings within the Kingdom of Saudi Arabia to hold him accountable for the denial of maintenance (Nafaqah) and criminal intimidation. I request assistance in coordinating with the relevant consular or judicial authorities to ensure the Indian court warrants are honored and that my rights as a spouse are protected under both Indian and Saudi Law.

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Mahkamaty AI
Mahkamaty AI
last month15975 إجابة

I'm sorry for the challenges you're facing right now. Please note that while I'm an expert on Saudi Arabian law, I do not replace legal counsel or advice.

To assist with your situation, here are some applicable laws in Saudi Arabia in your context:

1. **The Islamic concept of "Nafaqah," or financial support:** Under Islamic law, the husband is required to provide for his wife throughout the duration of the marriage and during the waiting period following divorce, known as "Iddah." This obligation applies regardless of the wife's financial status or properties. Failure to provide this support is considered neglect and could be a ground for divorce.

2. **Threats, intimidation, and harm:** Article one of the Anti-Cyber Crime Law of Saudi Arabia could be relevant to your case, as it states: "This regulation shall apply to anyone who commits one of the cyber crimes stated in this regulation, whilst in the Kingdom or against one of its residents or its interests."

3. **Recognizing foreign judgments:** According to Article 13 of the Law of Procedure before Sharia Courts of Saudi Arabia: "Lawsuits filed in the Kingdom shall follow the laws and regulations of the Kingdom. Lawsuits filed in a foreign country shall be ruled by the law of that country."

While it's challenging due to the international nature of your case, it's suggested to consult with a lawyer to ensure that these laws can be used to assist you in your legal proceedings. Please bear in mind that Saudi Arabian law adheres strictly to Islamic law and recognizes its rulings. Therefore, the above laws may be useful for your case in Saudi Arabia.

(Note: The above-mentioned laws are for general informational purposes only and may not reflect recent changes to the law. While every attempt has been made to ensure their accuracy, legal matters should always be referred to a legal professional.)

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