Divorce on cruelty grounds and desertion
ArvindHari
(Querist) 28 March 2017
This query is : Resolved
Hi Experts,
I am battling an uphill task of getting a divorce in India with my ex-wife; she has filed for divorce under cruelty and desertion in a town's family court. We were married under Hindu practices early feb 2013 in India. After few months from our Marriage she joined me in New Zealand as i am a citizen of New Zealand citizen, this was after successful grant of her spouse Visa. The day she moved in with me i noticed she was behaving indifferently and sometimes unruly.
She started demanding me to support her family back in India as they were from a middle class and they spent around $50,000 for the wedding. As a loyal husband I did $600 wire transfer every month, until I realised she was a gold digger. She started her spending spree with my credit card and once it got maxed out, she will start her erratic and unruly behaviour. Realising i am broke she set of to India never to be seen again. I informed her that I am withdrawing her sponsorship to spouse visa, which irked her and she sent a threatening advocate’s notice that I will be booked for Dowry Harassment and Domestic violence, she also claimed that she has paid huge dowry in gold and cash to me. And I sent a reply denying all the allegations, I sent her a divorce notice from New Zealand for which she never responded; I have been granted divorce in New Zealand. She is now sent me a divorce petition from India seeking divorce under cruelty and desertion, the court has ordered me to appear on 9th of April 2017.
My queries are as below:
Should I come and contest this divorce and deny the allegations, will that stop her further filing false criminal allegations under Dowry harassment and Domestic violence?
As she was a Software engineer previously and she is still the same, will I have to pay one-time alimony or maintenance every month?
As I have close ties in India and I come down to India every 2 years. Can she come and haunt me or threaten me seeking more money?
Thanks in advance,
Hari
Sudhir Kumar, Advocate
(Expert) 28 March 2017
Should I come and contest this divorce and deny the allegations,
YOU CAN APPOINT A LAWYER.
YOU HAVE TO DENY ALLEGATIONS
Sudhir Kumar, Advocate
(Expert) 28 March 2017
ill that stop her further filing false criminal allegations under Dowry harassment and Domestic violence?
NO
Sudhir Kumar, Advocate
(Expert) 28 March 2017
As I have close ties in India and I come down to India every 2 years. Can she come and haunt me or threaten me seeking more money?
YES
Sudhir Kumar, Advocate
(Expert) 28 March 2017
As she was a Software engineer previously and she is still the same, will I have to pay one-time alimony or maintenance every month?
IT IS NOT AT ALL RELEVANT WHAT QUALIFICATION SHE HAS. IT IS RELEVANT THAT WHAT INCOME SHE HAS WHICH YOU HAVE TO PROVE TO AVOID MAINTENANCE FOR THE REMAINING PART OF LIFE.
Dr J C Vashista
(Expert) 28 March 2017
Well advised by expert Mr. Sudhir Kumar, I agree.
You are required to contest all the cases (already filed or in future to be filed) through your lawyer in India.
Submit certified copy of divorce granted to you by New Zealand court and deny all the allegations.
Nothing serious to worry, appoint a prudent local lawyer in India.
PARDEEP KUMAR
(Expert) 28 March 2017
Very well advised by Brother Sudhir Kumar, agreed by respected Senior Mr.Vashista.
Still to add up:
Hari,
Engage a Advocate, deny all allegations and also submit the factual position with documentary proofs, raise objection on maintainability yours already having divorce decree from New Zealand court. Indicate that you were black mailed and were forced to transfer 600$ every month.
qua her claim of spending so much on wedding and thereafter, indicate their family status,ask the Court to refer the matter to Income Tax Department, also raise, that without prejudice to your rights, your in laws should be booked for giving dowry, in terms of her allegations and in the end, oppose the prayer on the ground that the marriage has already been dissolved, do not oppose the prayer otherwise.
Yes she can and might have lodged numerous cases against you, however there is nothing to worry as at the end, all of them would fail. To contest maintenance, use judgments viz.
Kavita Prasad versus Ram Ashray Prasad,
CM(M) no. 1153/2008, Delhi High Court,
DOO: 01.10.2008
Damanreet Kaur versus Indermeet Juneja and Another,
Crl. Rev. P. 344/2011 DOJ: 14.05.2012,
Rupali Gupta versus Rajat Gupta,
Mat. App.(F.C.) 143/2014 DOJ: 05.09.2016
Manish Kumar versus Mrs. Pratibha,
CM (M) no. 949/2008, Delhi High Court,
DOJ: 18.09.2008
etc.
Since your ex - wife, is qualified to get a job and you as I presume do not have any child from that marriage, the chances of her getting maintenance from you are very bleak.
On the other hand, if you do not appear, the divorce petition can get allowed ex - parte.
There are other things too which can't be written here, the same would be intimated by your Counsel.
ArvindHari
(Querist) 29 March 2017
Hi Mr.Kumar, Dr.Vashista and Mr.Kumar;
Thanks for your guidance and thoughts I will seek an assistance through a learned counsel as per your recommendations, however if I contest will I have to appear for every hearing at the court?
To my knowledge there is no video conferencing facility available at the Town's family court. I envisage that i have to make multiple trips back and forth.
Dr J C Vashista
(Expert) 29 March 2017
You need not be present on each date of hearing in a civil case; however, in a criminal case you can be given permanent exemption from appearance of every date through your lawyer except when specifically asked by the Court.
There is video conferencing facility in almost all the courts in India, please check through your lawyer.
Adv. Yogen Kakade
(Expert) 29 March 2017
Rightly guided by the experts.. nothing more to add.
Rajendra K Goyal
(Expert) 29 March 2017
Agree with the expert Sudhir Kumar and Dr J C Vashista ji.
Dr J C Vashista
(Expert) 29 March 2017
Rajendra K Goyal ji,
Thanks for agreeing with us.
