LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Expert advise needed for these fake civil and family cases against me

(Querist) 30 March 2016 This query is : Resolved 
I am an Australian citizen live in Perth, Australia(right now in India). I got married in 2010 in India and at that time I applied for my wife's Australian residency. My wife and I didn't have any contacts because of family problems and she and her family always refused to talk. my x-wife got permanent residency on my basis. After she got residency in 2013 I don't know when she left for Australia and started living there. I found out about it after nearly two years that she lives in Sydney, Australia and nobody from her family or she even bothered telling me about it and during those two years I was just wasting my time in India trying to solve the problems and convince my in-laws. so when I found out about her I went to Perth, Australia as well and filed for divorce there in may 2015. court found I had enough ground to seek divorce and I got divorce order in august 2015. after divorce we stayed in Australia ( me in Perth and she in Sydney) for 4 months, no contact no nothing. In October 2015 my mother wasn't well in India so I came to India and stayed with my parents. she came to India in January 2016 and the very first day she reached India, her father had all the fake cases ready against me and she & her father filed all the fake cases against me in police station, civil court and family court like 498,420, 125,maintance,domestic violence, etc. we haven't stayed together or talked to each other since 2012 plus we are divorced where we actually live i.e Austrlia. she and her father just want to torture and harass me and my family. in their cases for domestic violence and harassment they have mentioned names of some of my family members which she has never met in person or even talked to them, they actually were not present in our marriage too. They just know names of my family members and they have mentioned in their case that I and my those family members (who she never ever has met or talked with) were included in domestic violence and asking dowry. In her cases she says that she doesn't accept Australian court's divorce order.

how can I save my family and myself from these fake cases and mental torture.
need expert advice on this please.
SAINATH DEVALLA (Expert) 30 March 2016
What were the grounds U filed for divorce in Australia? Did she contest?

Only mutually contested divorce granted in Australia is valid in India.
The criminal cases filed by her have to be defended only by merits from UR side.
Rajendra K Goyal (Expert) 30 March 2016
You have to defend the criminal cases against you.

Bring the fact of divorce in the knowledge of the court.
Devajyoti Barman (Expert) 31 March 2016
repeated query.
Refer my reply in your earlier query.
R.K Nanda (Expert) 31 March 2016
repeated query.
Adv. Yogen Kakade (Expert) 31 March 2016
You need a good lawyer to defend yourself.

vishnukumar gandhee (Querist) 31 March 2016
Thank you experts for your kind response.

to sainath devalla sir:

the ground for the application for a divorce order - namely that the marriage has broken down irretrievably- was proved

and ofcourse she participated in the court proceedings and we both were given our own separate copies of divorce orders too.

pls reply.
Ms.Usha Kapoor (Expert) 11 July 2018
Agree with Sainath Devella.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :