Divorce

THE REPLY WAS FOR KARAN: 

The query getting mixed up it seems !

Yes, the queries get mixed, when people start posting in other threads, but new people take some time to adjust, lets bear it.

Thanks for your advice Mr Shroff. my parents tried to communicate with her family but they just blaming everything on us but they don't see that their daughter didn't do anything to work on this relationship, just demanded things when she was here and now she went back making all these nonsense rumours. 

Honestly it's so frustrating but i will work at your advice.

@ Karan just wait and watch there is nothing much to win in india if you follow legal steps. I suggest do not visit india unnecessarily without knowing what your inlaws are upto ? I am telling you this because i learnt this hard way i was trapped in false 498 (a) with my passport impounded by police i suggest try to speak with your wife on phone itself.  Even though you hire a lawyer and file RCR which is a legal remedy it won't be effective. If she is adamant and blaming you then there is nothing much you can do about it let her learn harder way. Do you have any property or bank accounts in india ? Try to make your side safer because even though if you wife has a good heart there are miserable people out there which will teach her all possible ways to harass you.

Thanks mate, you actually got the situation perfectly. 

@ Karan a recent example of Anna hajare who said "Maun Vrat mein bahut takat hoti hai" jst wait and watch nothing needs to be done from new zealand.

Despite what all lawyers suggest, I would say DONOT FILE RCR, there are no benefits,

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hi Tajob,

U hleped me for my friends case thanks for that.  But we are still facing a problem and is that we dont know wher her husband is staying (present address) what we have to do pls. suggest me.

When she called her husband to ask his address, he challenged her that she can't find him.

Pls help us.

@ Author

Seems your friend is come to earlier suggested para 2 stage now!

Based on further development here are limited process flow that your friend needs to follow via her appointed Adv. on record.


1. Request concerned Court to process Service of notice to all known addresses of him including by "all modes". When I say by all modes it includes RPAD + Pasting of Service Notice at all known address front door wall + via Speed Post AD + via Email. Court will allow such modes of process service in interest of Justice and will give next date of hearing.


2. Once above done by your friends Adv. via Court processes wait for next date of hearing. If none appears from his side in interest of justice seek another round of all modes of process Service and special prayer to concerned Court for granting earliest date of next hearing in case matter. Court will oblige your (being female !) friend.


3. On next date of hearing if still none appears from his side then seek readdressed finally in suit matter by way of 'substituted service;' which is called as new paper notification (in two prominent news papers - regional + national the better) and once allowed by Court your friends Adv. will know the Format of news paper Notification and supposed to follow  it deligently. Court now gives another date of hearing and on that date of hearing proof of news paper Notification Affidavit needs to be submitted along with mast head and notice page of such ‘publications’ to show cause that he is intentionally till date avoiding Service and thus request Court now to proceed for ex-party proceedings in the suit case.


4. Court shall now proceeds ex Party and whatever your friend has stated under verification in reference Suit  matter she needs to reasonably prove prime facie (50:50)) and there pops an ex Party Judgment in her favour. Send a certified copy of final Judgment in suit matter to all known addresses of Him in same way as service was done as hinted in above para . And after waiting for all Appeal period to challenge such ex Party Judgment gets over your friend is free to lead her life as it pleases her. If my memory recalls correctly then your friend’s case is of Divorce so limitation for Appeal is 90 days from the date of Judgment to challenge it if any by HIM.


Show this reply to your friends Adv. and he may do the needful.

All the best.

Rightly advised by Tajobs.

Hi team, My Situation is just getting worse now. My in-laws want me to come to india as they want ot have face to face chat but i suspect they have some other motive behind it. they threatened my family i don't come toi india in next 10 days they are going to file case against my parents..

Please advise me what should i do....

Can please somebody advise me here 

Don't come to India.

Let your family meet an effective lawyer.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com