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Mayur (kkk)     22 October 2011

Lawyer threatening

Dear Experts,


My wife's lawyer in india called me abroad threatening me on the phone that they are going get me arrested here and court has passed the order in their favour but reality is that till this date they are not even able to serve me summons properly. So do i consider this as just a threat since they are not successful till this date ?  I would like to add that i am foreign citizen in lalala land i doubt he can get me deported from where i am......He also said that my wife is claiming 50 lakhs as a settlement but while going through their affidavit i noticed that she is claiming 20,000 Rs/month. Is there any action i can take against him ? I didn't answer his phone but he spoke to my cousin and has asked my cousin to pass this message to me ? I am also concerned if he can interpret this conversation in court in such a way that we are aware of maintenance case and therefore summons is served properly. Experts pls help......



Learning

 27 Replies

Sonia Saini (advocate)     22 October 2011

Kindly provide details ..where was the marriage soleminised etc.

Mayur (kkk)     22 October 2011

Marriage was solemnised in india

Sonia Saini (advocate)     22 October 2011

If the decree has been passed by court then it can be issue for you to worry but if the decree has not been passed then you should not worry. As far as serving of summons is concerned there are various ways of serving it . First is by personal delivery, second is serving it on your family member, then if these modes are not possible the summons can be pasted in the conspious part of your house and if all of these modes fail it is published in the newspapers where you resided , carried on business etc. So this depends on your case if the summons have been served or not .

They cant really get you deported but if the decree has to be executed if it has been passed then if the country you are living in has recriporcal realtions with India then the decree can be excuted there as well as a foreign decree.

Mayur (kkk)     22 October 2011

How can the decree be passed if summons is not served properly ? They also tried through embassy but all in vain. Matter of fact i am happy that opposition lawyer got so frustrated that he had to call me to threaten me. I assume these are their last drama if i stay quite they will come and speak with me. What do you think ?

Mayur (kkk)     22 October 2011

No Summons Served Yet

No BW or NBW issued Yet

Didn't declare me PO Yet

No LOC or RCN issued Yet

No FIR registred in fake 498 (a) case yet

Still how can deportation happen especially to a foreign citizen ? If i get to fly then do i get first class or economy class on plane ? Do i get food & shelter as i will be loosing my job ? How can i maintain my wife if i don't have a job ?

Kiran Kumar (Lawyer)     22 October 2011

there is a different set of procedure in civil matters and criminal matters.

 

you are raising certain questions without facing the legal proceedings...your actions shall depend upon her allegations.

 

none of us is aware that who out of you two is actually guilty...so the best advice can be given when the true facts are stated.

 

Law does not exist in abstraction, it has to be applied/ enforced as per the situation....if you are really offened/ threatened by the act of a lawyer then certainly you can proceed against him provided you have some proof...the other party will definitely make efforts to get you down to India for court proceedings.

 

In case of matrimonial disputes, its always better to have more flexible approach and compromise the matter with the help of relatives and close friends....litigation will not help either of the parties....the ultimate end of such type litigation is also separation....so be prudent and seek help of relatives, friends and some good lawyers.

Mayur (kkk)     22 October 2011

Originally posted by :Kiran Kumar
"
there is a different set of procedure in civil matters and criminal matters.

 

you are raising certain questions without facing the legal proceedings...your actions shall depend upon her allegations.

 

none of us is aware that who out of you two is actually guilty...so the best advice can be given when the true facts are stated.

 

Law does not exist in abstraction, it has to be applied/ enforced as per the situation....if you are really offened/ threatened by the act of a lawyer then certainly you can proceed against him provided you have some proof...the other party will definitely make efforts to get you down to India for court proceedings.

 

In case of matrimonial disputes, its always better to have more flexible approach and compromise the matter with the help of relatives and close friends....litigation will not help either of the parties....the ultimate end of such type litigation is also separation....so be prudent and seek help of relatives, friends and some good lawyers.
"


Sir what i am going through is so called fraud marriage. Everything was fine till Engagement but once we got married in court my wife changed her colours completely. She was very rude and neither she respected me. So therefore without even staying with her one day i left india next day assuming that things will be fine if i stay away for a while but it got worst. I was called from abroad to divorce her and i stupidly went down there assuming that it's going to be smooth transition but my wife filed 498 (a) right away i left india when i came to know about this because police were threatening me to lock me up else i have to give them lump sum of 5 lakhs rupees. There fore i decided that i don't want to pay her anything i would rather fight against her but later while going through all this i came to know that indian laws are women biased and no matter what i have to give her money. She was the one who wanted divorce not me ? So after i left india she waited 7 months and then she filed crpc 125 against me asking for maintenance again 8 months passed since summons couldn't be served so recently court asked my wife to bring my correct address so that summons could be served properly. While going through that my wife's lawyer called my cousin today thretening saying that court have given them permission so that i could be deported to india if i don't want to go though that now i have to give her 50 lakhs rupees. From what i understand is if a lawyers are always professional they don't really negotiate with opposition party but they would rather settle the issue with opposition lawyer in my case i haven't hired any lawyer yet but my bottom line is that i have not neglected my wife then why should i give her single Rupee. I am not giving any single rupee to her. But now i am wondering if court has really passed any orders to deport me ? I am foreign citizen is it really possible for someone to get deported for matrimonial issues ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 October 2011

Dear Mayur

no need to worry, if you want take any legal action against him then you can file a complaint in your country, if the summons not ecived by you then the court have power to passed the order ex-party against you. Sec-125 Crpc is civil nature case then no need to worry but 498A is criminal case and if you are wanted in this case then police take any action legaly against you.

Mayur (kkk)     22 October 2011

Mr.. Quereshi thanks for the advice. 498 (a) in my case has not even reached in court and it's still pending in police station since no FIR was registered because i left country before police starts harassing me. I am going through several articles but till this day i haven't found any article related to deportation in matrimonial issues.  It's said in papers that if countries have reciprocal agreements then deportation is surely possible but here we are talking of matrimonial issue where no FIR is registered in 498 (a) because it was filed with the intentions of snatching alimony from me but my inlaws were not successful in this. This is pretty much where i am standing if there is any case you have came across which resulted in deportation please share with me so that we are aware of such proceedings and as a foreign citizen i think i should have my fundamental rights to speak up and i am sure my country would allow me to file a petition in local court before any deportation proceedings are initiated.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 October 2011

Appear through a counsel in the court, it will take long time , no worry. Deportation is not easy and not simple.

1 Like

Sonia Saini (advocate)     22 October 2011

Going through the facts the stage of deportation does not arise till now in your case because the 498(a) case has not been instituted yet . Deportation is not an easy matter because it involves a lot of inticacies so dont worry about what the lawyer said.

Thinking on more resonable lines till what time can u escape the delivery of summons and if the decree is passed exparte then either you have to file an application for quashing the decree. Even if you are innocent in the entire case and it is your wife who wants a divorce you are legally bound to maintain her if she does not have the sufficient means to maintain herself. This has to be decided by the court of law.

It would be advisable either to settle the matter with your wife or hire a lawyer here to present the true facts of the case  from your side because if u dont do it now u have to do it finally. Even if you dont do that and the wife gets a decree in her favour latter she might apply for excecution of decree in the place where u are located.

galsober@yahoo.co.in (def)     22 October 2011

@author!

Forget about the threat, be a contesting party rather than ex-parte. Her greams of getting easy bucks from u will be lost in looooooooong legal process!

gal

1 Like

Mayur (kkk)     22 October 2011

Originally posted by :poppy
"
Going through the facts the stage of deportation does not arise till now in your case because the 498(a) case has not been instituted yet . Deportation is not an easy matter because it involves a lot of inticacies so dont worry about what the lawyer said.

Thinking on more resonable lines till what time can u escape the delivery of summons and if the decree is passed exparte then either you have to file an application for quashing the decree. Even if you are innocent in the entire case and it is your wife who wants a divorce you are legally bound to maintain her if she does not have the sufficient means to maintain herself. This has to be decided by the court of law.

It would be advisable either to settle the matter with your wife or hire a lawyer here to present the true facts of the case  from your side because if u dont do it now u have to do it finally. Even if you dont do that and the wife gets a decree in her favour latter she might apply for excecution of decree in the place where u are located.
"

 

Mr. Poppy there is no question of settling the matter because my wife is asking 50 lakhs in order to settle the matter also i am not going to give her single rupee no matter if she gets a decree also. The place where i am residing i have already filed a complain in local court against my wife & her lawyer threatening me yesterday. According to my lawyer here it is going to be held against them in case if they try to execute decree in foreign.


Most important thing i came to know today from india is that 1) My wife is desperate to get divorce whereas i am totally patient and calm. The reason i am not talking with them is because their demand is not legible and there is no point of asking about money when marriage was never consummated. Also they sent someone from their side to my uncles house to talk but when that person came to our house i told the person to ask my wife to withdraw all the fake complaints she has against me and also i want her to admit that she presented fake affidavit in court therefore they are scare of IPC 191 & Crpc Sec 340. I am planning to do something like that but i want her to admit in court. I am not willing to give her divorce unless she withdraws all complaints. That was the main reason my wife's lawyer called my cousin yesterday to threaten us. My concern is can he interpret my cousins conversation in such a way that we are aware of the Crpc 125 case and therefore summons is served ? If that's the case i would have to ask my family members not to speak with them at all.

Sonia Saini (advocate)     23 October 2011

Speaking on the phone and delivering the message is not service of summons.

1 Like

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