Family law, civil law expert's advise needed
vishnukumar gandhee
(Querist) 29 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 has never met) 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 this fake cases and mental torture.
need expert advice on this please.
Dr J C Vashista
(Expert) 31 March 2016
@ V M Gandhee,
Your case is prima facie complicated because of Australian citizenship, second marriage (during susistence of first marriage which you got divorce in Australia later on), whether the marriage was under Hindu Marraige Act, Muslim Marriage Act or Special Marriage Act or any other law, some vital information are missing, therefore, cosult a local lawyer with all documents qua both marriages.
Best wishes
Devajyoti Barman
(Expert) 31 March 2016
Well, sadly this is the common place example of marital dispute between two Indians here.
Please note-
1.The divorce granted in Australia would not be valid in India unless your wife also acquired Australian citizenship or she consented to the decree of divorce or she participated in the divorce proceeding in Australia.
2. Irrespective of validity of the decree of divorce if she still remains an Indian she can very well file the cases as mentioned by you in India, most likely with a sole objective of extracting money from you.
3.Since cases are filed you have take bail file your written reply and contest the same on merit unless you succumb to her pressure tactics and settle the dispute in lieu of money.
vishnukumar gandhee
(Querist) 31 March 2016
Devajyoti Sir, Thank you for your response.
1. she is permanent resident in australia
2. ofcourse she participated in the divorce proceeding in Australia and australian court has made her divorce order copy available to her as well.
would above mentioned facts change anything in my favour?
thanks and regards,
Rajendra K Goyal
(Expert) 01 April 2016
Repeated query, no reply:
http://www.lawyersclubindia.com/experts/Expert-advise-needed-for-these-fake-civil-and-family-cases-against-me-591636.asp#.Vv6JUfl97IU
P. Venu
(Expert) 11 April 2016
All the allegations in the criminal complaints, in the circumstances stated, could have happened only in Australia. As such, the police has no authority to lodge a charge-sheet or the Courts to take cognisance. It appears that investigation going in that direction as the Police have not called for questioning nor have you received any summons for the Court.
So also, the Police all over the country are under strict instruction not to take nay hasty steps in such cases.
