Advice on legal notice

Dear Querist, 

If you are a Hindu, in whichever part of the world you may reside, Hindu Marriage Act governs and RCR/Divorce can be filed. As regards service progressive procedural laws allow service via email. You can also apply for child custody, atleast meeting (SKYPE) Rights. 

You can as said by Bharat serve upon them through e-mail. You can file RCR/ Divorce from US through your lawyer in India. RCR hardly produces the desired result as the wife cannot be coerced into living with her husband. You can also apply for the custody of your child. However, as your child is blow the age of 5 years, it would be difficult for you to get custody. You are sure to get visitation rights though.

Dear Ashish:

Thanks for the response. If not RCR, can you suggest the procedure to file divorce on the grounds of cruelty, also kindly suggest how to defend or protect from the false cases if she comes up with any? Can I send a legal notice through email if they are not letting me know thier address?

Dear Bharath:

Thanks for the response. If not RCR, can you suggest the procedure to file divorce on the grounds of cruelty, also kindly suggest how to defend or protect from the false cases if she comes up with any? Can I send a legal notice through email if they are not letting me know thier address?

It's good that you understand and anticipate false cases implicating you and your family as a counterlbast to divorce petition. There are certain intimations that can go a long way in protecting you. Apart from this Divorce can always be filed on the grounds of cruelty. The procedure is to approach the court with a petition for divorce - spelling out the necessary ingredients and filing it. A contested divorce may take years in court - I hope you understand that. But if the marriage is beyond repair then a start has to be made now or even 2 years down the line, the sooner you start the better it is.

Good Luck !

Dear Bharath: Will you take care of it? I dont know but am looking for a good lawyer. Before I file a divorce petition, kindly let me know more details about protecting me and my family from false cases?

Dear Querist, 

If you are a Hindu, in whichever part of the world you may reside, Hindu Marriage Act governs and RCR/Divorce can be filed. As regards service progressive procedural laws allow service via email. You can also apply for child custody, atleast meeting (SKYPE) Rights. 

Dear Bharath: Will you take care of it? I dont know but am looking for a good lawyer. Before I file a divorce petition, kindly let me know more details about protecting me and my family from false cases?

Sir, pls advise me.

One of my friend female aged now 42 years. named Babita. who married first time in 1996 ( NAME A  ) and got daughter in year 1998 but due to some problems she left from husband  house and in year 2001 both did divorece deed signed in sub registrar office and my friend got one time alimony.

She remarried in year 2002 but  second husband ( NAME B ) were having children from first wife ( his first wife expired in year 2001 ) , there also she not adjusted and left in year 2003 , from him she got lot of alimony in six figures,both they signed deed of divorece in sub registrar office and seprated IN YEAR 2006., In year 2003 when she left from second husband  she left with  her real daughter and in school application form she given name C as her daughters father (not gaurdian )., now her second husband B came to know that she  given new  as father in year 2004  ( now year 2012 ) , pls let us guide what is my friend position., It is also true that on husband A and B she filed 498a and other cases..His second husband got some school papers and from those papers husband B cme to know every thing. pls help and advise.

Thanks

Contact a Lawyer.

Babita's First marriage is still subsisting. Until Her First marriage doesn’t get dissolve through court, Her sub sequent marriage is null and void.

One of my friend female aged now 42 years. named Babita. who married first time in 1996 ( NAME A  ) and got daughter in year 1998 but due to some problems she left from husband  house and in year 2001 both did divorece deed signed in sub registrar office and my friend got one time alimony.

>> Divorce Deed has no value in the eyes of law.

She remarried in year 2002 but  second husband ( NAME B ) were having children from first wife ( his first wife expired in year 2001 ) , there also she not adjusted and left in year 2003 , from him she got lot of alimony in six figures,both they signed deed of divorece in sub registrar office and seprated IN YEAR 2006.,

>> Her Second marriage is void as first marriage has not been dissolved through court divorce decree.

>> As she has received alimony from second husband, There is a very less chance she can claim anything now from second husband of void marriage.

In year 2003 when she left from second husband  she left with  her real daughter and in school application form she given name C as her daughters father (not guardian )., now her second husband B came to know that she  given new  as father in year 2004  ( now year 2012 ) , pls let us guide what is my friend position., It is also true that on husband A and B she filed 498a and other cases..His second husband got some school papers and from those papers husband B cme to know every thing. pls help and advise.

>> Experts can advice on above situation.

>> Sort out the issue mutually will be a good option if there is an issue.

Dear Chinni,

Be informed that nothing can offer you a complete protection from the consequences of a false case. As and when a false case, it shall be heard and decided on merits. This being said, there are certain steps which you can start taking now to mitigate the consequences of a false case being registered against you, which include complaining to the police. If you think the marriage is beyond repair and the differences are such as cannot be ironed out, it is better to start the process now rather than wait for her to throw the hammer of a false case upon you and put you on the backfoot.The best defence is always a good defence.

Regards,

Ashish Davessar

Advocate

Read the second line as

"As and when a false case is registered against you'