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HMy uncle(mom’s uncle’s son) has been a German citizen by birth and got married to my ex aunt in india in 2021 and both of them shifted to Switzerland, my aunt filled for divorce in Jan2024 with all 498a, dowry and other such cases against him and my mother’s side of the family(cases were dropped so if my uncle goes to germany instead of Switzerland and refuses to pay alimony as germamy doesn’t extradite their own citizens tp any non European country can he file a divorce petition in German and submit relevant proofs?will he be arrested if he comes to india?
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CNAL
I live in the U.S. and I know a guy who went through the exact same thing your uncle is going through a few years ago. Except that the U.S. has an extradition treaty with India and will even extradite citizens. However, the treaty is based on “Dual Criminality” (I.e, it should be a crime in both countries). Not paying “Alimony” isn’t a crime out here but not paying “Child support” can get you in trouble.
He consulted a couple of lawyers out here and decided that he won’t pay alimony to his ex-wife in India. Not sure what happened later, but he’s been living here without issues. Our guess is that they did not even try for extradition.
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QWas marriage registered in Germany, that’s critical question. I think your uncle should checkout German legislation on this topic. AFAIK, in most of the EU countries if marriage is registered in the country and you’re citizen or resident of the country for certain varying period in each countries, you can seek divorce.
If they didn’t had prenup, appropriate alimony or maintenance might have to be paid(subject to earning capacities) . If your uncle has legal insurance, he can check with the consultants or hire a lawyer specialises in foreign marriages. It’s pretty straightforward here.
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