court case outside india
PRAKASHCHANDRA MARU
(Querist) 14 July 2009
This query is : Resolved
hello all learned
my clint lady who married in gujarat with the person who is citizen of forein but at present lady belongs to india at the ,gujarat stat her husband lodged divorce case from leister court the notice served to the lady and date is also passed already for the lady now she wants to defence in the casse but question is that she is poor and no having means and she is unable to understand the language also now what steps should be taken for the defence from the india whetehr it is possible to defence the matter through conforence with the permission of the court with the help of mediator who know the english
Kiran Kumar
(Expert) 15 July 2009
well in my opinion all depends upon the laws, rules and regulations of the foreign court.
if they do permit continuation of trial through video conferencing then u can go ahead.
generally the foreign courts are flexible or less rigid than Indian Courts.
PRAKASHCHANDRA MARU
(Querist) 15 July 2009
respected sarvesh the said case is lodged in the court of leister
Guest
(Expert) 16 July 2009
The sitution is pathetic. There are hundreds of women, who have been facing the same situation after marrying the NRIs. The Govt. of India is actively considering the situation to formulate some laws so that this type of unfortunate girls would be saved.
Now, she can send a communication to the concerned court seeking video conferencing. Similarly, she should also write a detailed request to the Ministry of External Affairs at New Delhi and the Indian High Commission in England (because I think Leister lies in England) and also write a registered letter to the National Commission for Women seeking their help to get justice leaving to them that how can they help you). In addition to this, you may also move the local court seeking the declaration that the verdict of leister court would not be enforceable against you.
A. A. JOSE
(Expert) 16 July 2009
I endorse the advice given by Mr.Prabhakar. Further, I also feel that your client should initiate proceedings againist her husband in the local courts in India and get a summons issued for his appearance here. It is really a tragic state of affairs that parents have been lured by the wealth or the NRI status of the groom without serious thought about his conducts/character/family background,etc., because of which ultimately the women are put to such a pathetical situation. Such cases should be eye opener for other parents as also for the Government authorities to bring some legislation to effectively deal with this kind of cases.
Sarvesh Kumar Sharma Advocate
(Expert) 15 July 2009
