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Josephasks (Other)     10 July 2023

How to contest a false cruelty based divorce by wife when she is staying separated by consent order?

My wife and her mother are evil and litigant women without character. She married me to get U.S. visa. After 8 years of marriage she took US citizenship and filed a fraud domestic violence case in the U.S. and settled it through mediation agreement order. (She was suicidal and tried to abort, tried to kill me) As per the agreement my 2 daughters (now 12 and 14 yo) stays with her, and with me during weekends and holidays. I had brought the children to India and schooled them for 2 years while my old aged parents were in their last years of their lives. She came from US and filed a habeas corpus claiming I kidnapped the children. The high court sent to mediation, settled via compromise agreement passed as order, and she took the children back to US and has been alienating the children from me for several years violating the terms of the compromise agreement order. A year ago while she staying in U.S. with my kids, she filed a divorce petition under Indian Divorce Act 10(1)(x) in Kerala family court with false allegations of cruelty in the US. The shirestadar in family court had said he will try counselling and then mediation. She had used the same false abuse/cruelty allegations previously in the domestic violence case in US and also in the habeas corpus in high court - both cases were settled through mediation. She has been staying separate with my children in the US as per compromise orders in US family court and Kerala high courts. And she is using the same false cruelty allegations again in a divorce petition in Family Court in Kerala. I am from a religious family, and divorce is a taboo for me and I am also now in US and want to contest it. In fact she and her mother are malicious, I also have audio evidence that she was the abuser. Hearing is coming up. How to contest it and avoid she getting ex parte divorce?



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 4 Replies

Real Soul.... (LEGAL)     10 July 2023

Just hire a good divorce lawyer and contest your case, try to gather you evdiance electronic and other to prove her wrong. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 July 2023

If a divorce petition is filed then first of all, file a WS for the same stating all the facts concluding your prayer and the relief you want from the courts 

T. Kalaiselvan, Advocate (Advocate)     10 July 2023

You engage an advocate immediately, give a vakalatnama duly singed and attested  by a notary public of the country of your residence to your advocate, ask him/her to appear before the concerned court and take time to file your say/objection/counter to her petition.

If you follow it up properly then you can avoid the case being decided exparte. 

P. Venu (Advocate)     11 July 2023

The posting contains more of wild allegations and subjective opinions than facts.Please post concise facts.


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