amit (manager) 08 October 2014

Dv case

Hi all

I am an NRI and going through marriage dispute . My wife has filed police complaint in india and then police had emails me asked to join the enquiry . i went for enquiry through court weather is dere any FIR or not and by filing bail matter section 438 and court told the police arresting after giving 4 days notice as there was no FIR yet.

I want divorce with mutual but she is not ready so now police will gonna lodge FIR soon.What should be my next step ?? can i avoid going india ??

And she had filed DV ACT and gt ex-parte orders as i didnot show up on the hearings.So what can i do in this case ??

Is dere any way of getting divorce in foreign country as we were living togeather outside india .

i have filed divorce in india too

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10 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 October 2014

Dear Querist

when the FIR will register then the police official/IO file an application with the reason for your arresting before ACP/DCP and if the ACP/DCP think fit after satisfaction of the reasons then permit to arrest you and after getting the permission the IO is bound to serve a 4 days notice as per court order, then you have to file an AB application/petition before court and try to get the same.

In DV case you should file an application u/s 25(2) of D.V.Act for set aside the ex-party order and proceed further on merit.

you may try to settle the matter amicably through mediation, if possible and file MCD otherwise you already have filed the divorce.

Feel Free to Call

rani jain (others) 11 October 2014

Hey amit- whats ur real name?? Ur case is similar to my husbands & when u filed divorce???

amit (manager) 11 October 2014

Hello experts

Please need more advice.Im very much stressed

rani jain (others) 12 October 2014

https://advocateprachi.wordpress.com/tag/is-your-foreign-court-divorce-decree-is-valid-in-india/ No marriage registered in india can be dissolved by foreign court-until & unless by mutual consent. Go thru above link

rani jain (others) 12 October 2014

https://advocateprachi.wordpress.com/tag/is-your-foreign-court-divorce-decree-is-valid-in-india/

ruchikaz (hr) 12 October 2014

amit (manager) 12 October 2014

Hello EXPERTS

I have withdrawn divorce Petition from india as it will take ages to get divorce from India.

and i have filed a divorce suit in foreign land and absence complaint in foreign police station and my wife has been informed about the same .

She has no visa to come and contest . Will i get ex-parte order in my favour and Will that decree be valid in India ??

Please advise

amit (manager) 13 October 2014

Please replyyyyyyyyyyyyyyyyyyyyyyyyyyyyy

rani jain (others) 13 October 2014

You didn't visit the link i sent. Ex parte foreign court judgment invalid in india- especially matrimonial. U won't succeed. Read this: https://advocateprachi.wordpress.com/tag/is-your-foreign-court-divorce-decree-is-valid-in-india/