Ex-parte on desertion ground

Yes, you are missing a lot.

Go for quash based on the mutual agreement to finish it faster. Why you want to take a longer route,.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Prakash you can also seek MCD with execution of Power of Attorney if you go for divorce under grounds of desertion then i doubt 498 (a) which is pending against you will be taken off unless your wife has plans to get remarried after MCD. If you don't feel safe then don't go also if you are planning to go for divorce under grounds of desertion then why do you want to agree on terms and conditions ? Exparte orders will be held against you i suggest you go for MCD and with POA execution attested by indian embassy in U.S.

Mr Shoonee,

thx for ur message, I guess I saw this coming....(initially wanted to keep this question small)

Basic condition is I cannot go to India and dont trust my advocate very well based on how he has handled this case so far (handling advocates from USA is been a very tough experience so far, and my parents are very naive as well)

Even though due to mediater and community pressure she is ready to settle after 7 yaers, but there is a good chance that she will find a way to cancel all that agreement and put a blame on my parents (this has happened several times before) and continue to trouble me and my family in future (her family is too powerful and rangbaaz type), during this agreement all that is handled by mediater, we never met her or her family once as they are not intersested in meeting and sign anything...

Basically this is been too complicated, this is why I dont want to drive this process and thus made that as criteria during agreement as their responsibility to close all that and paid more money.

Also I can not come to India no matter what thus ex-part divorce is the only option left even though it takes time.

Another benifit of this approach is since she is filing for cancel case and divorce she can not create future cases (or less chances of that, but i know they have some ill wishes like that)

and does quash is something I need to file (I am trying to leave such options as I know anytime this agreement can be cancelled ) 

I was expecting divorce and case cancel process will be completed within 1 year since we are trying to do it mutually, its all about agreeing on process since there advocate is still delaying for several reasons (already 4 months since agreement) and my advocate seems change his mind every time... they are making every way to put blame by saying prakash is not coming thus nothing can be done:)

Please tell me whats missing in above steps as I discussed it with couple of advocates and they feel it will work fine....

I like the idea of MCD with POA and than using video conferencing, but its still on courts decision whether they will allow video conferencing or not and I cannot take any chance where my inlaws have a way to force me to come down to India (If i agree on any way where I might have to come down to India they will make sure that happens), if such a chance arrives they will get away from this settlement stating Prakash did not come thus its his fault and this case will cointinue for another 10 years.

I am okay doing it slow but right rather than trying to do it quicker and get faulted and stuck for another 10 years

As long as she gets ex-parte divorce I can use that to pay he full settlement amount and marry in USA, and I will never go back to India (yes not willing to take a chance here).

Prakash

Mr Shonee,

There is no mutual agreement in written as such, they are not willing to sign anything like that....all they agree is that will remove all cases and do exparte divorce....and now trying to create complications stating without prakash coming to India nothing can be done....I am okay with litle delay but needs a process which doesn't need me to go back to india for even one day

Prakash

Prakash i am also currently going through my divorce process. No one can force you to come india therefore you don't have to if have don't want to.......BTW i can give u a bit of glimpse abt divorce procedure frm abroad....check ur personal message

Mr Victim,

issue is not that no-one can force me to come india, issue is if i dont go there settlement will be called off and i will be held responsible, and given how my inlaws adament nature.... I just dont want any such scenarios to be introduced....unless thats my only choice and i believe there are other simple ways to do it as i mentioned in origional message, I believe they take time but works fine in the end and does not have any chance for me to be blamed for cancelling settlement

Thx ~ Prakash

I won't take any such risk even in the most inebriated state.

Mr Shoonee,

Thanks for helping out, sorry but I am confused with last statenment, which risk you are referring to, following my origional steps or going to India?

If Its about any chance of going to India before everything completely resolved, then thats just not an option for this settlement (even if it means 10 more years of suffering, you might think I am stubborn but this is something I have considered very carefully over last 7 years, there is lots of history behind that decision) 

Can you help explain loopholes in origional idea, it will help to know what are the risk in that approach so am prepared...

And I am not looking to be 100% safe or sure about everything, its just that once ex-parte divorce is done and all cases are rolled back, I know then risk is reduced and my wife showed better intentions, if she do something bad after that than community will be able to help as there are few good peoples out there who are aware of understanding, and also officially I am free to get married in USA and ask my parents to live with me.

Prakash

Letting ex-parte divorce happen before all cases are taken back/ quashed.

Then you would be hanging for life.

This is an idea I won't even contemplate.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

In addition to Shonee's comments if your wife is going to remarry after exparty divorce then you should be free from all cases.

Thanks Mr Shonee.

Guess I got the point, sequencing is important and I was missing that...

Here's I have updated origional steps with comments and guidence recieved by you and Mr Victim, let me know if this looks right and safe approach...

Here's current status:
 
I am in USA in H1B for last 7 years, my wife is in rajasthan for last 7 years, she had filed 498a (against me and parents) in 2007 and now we both verbally agree to settle, our agreement is that I will gave a draft to a mutual person (our guruji) we both trust and they will give to her only after divorce decree obtained by her as ex-party, and she will do whatever it takes to close all the case and get divorce, I will cooperate (my parents are in india) wherever she needs to close all cases and get divorce, but I will not be the one driving the process of retracting 498a and getting ex-parte divorce....

To retract 498a steps I know are:
 
1. File a joint petition in local court stating we have an agreement and willfully retract 498a
 
2. Local Judge will say he/she does not have authority and suggest to go to higher court
 
3. Same petition will be filed in high court
 
4. High court judge will cancel 498a and all other related cases

Note: I have considered quash option and it will require me to file it and it can be challanged after she got the money (for proper closing of this case and other small ones, I prefer if she take the cases back herself so there is no ground for he to sue back or challange decision). I am playing safe here as she has agreed verbally for settlement but not willing to sign any agreement (and I have doubts about her sincerity in this matter).
 

Once all cases are closed, only than, my wife will start ex-party divorce process as I cannot risk going back to India in any scenario, steps I gathered:
 
1. She will file ex-parte divorce (one sided on desersion ground) and mention about agreement and that money agreed will be given only once decree is granted
 
2. She will provide my USA address and I will not respond to summon (I am willing to respond if there is any way to be sure I dont have to go to India, though there are few options which may work like POA and Video conferencing, but no surity thus not taking chances)
 
3. She will put a news-paper ad for the same
 
4. Judge will grant divorce to her
 
5. She will show decree to mutual trust person and they (mediater party) will give her Draft

Note: I have considered using POA with Video conferencing from USA, but that option depends on Court and Judge's perusal thus has risks that I might be called to India and thus that option is just not worth taking risk.
 
Now I need help in understanding if I am missing something or what are the loopholes in this theory...
 
Thanks ~ Prakash
 

Hmmm,

Divorce by PoA and Video conferencing both is possible.

Which place you are located?

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Mr Shonee,

I am in California-USA, though as I understood there is no guarantee that Court will not be asking me to come to India thus leaving that option out of considerations.

Do you see any issue with updated plan of action and steps?

Prakash