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shan kumar (sales)     28 June 2014

Divorce for gulf nri

Dear Sir,

I am a Gulf NRI; got married to a girl in hometown (Kerala) in 8-6-2011.I went back after my annual leave. She did not get along with my mother and always wanted to go and stay with her parents. In Sep 2012 she got a job in a private firm and stopped staying in my house citing travelling difficulties.

She refused to move back in with me (citing differences with my mother) when I came back for leave (1 month) on June 2013.After much debate and discussions she agreed to continue the relationship if she is allowed to stay with her parents.

In Oct 2013 she got a govt bank job. Now when I came back on leave she has filed a court petition for divorce under 13(1)(ia) In the case she has cited untrue arguments like dowry harassment from my mother and non-fulfillment of marital commitments against me as husband.

It is true that we got to live together for limited time in the past 3 years. But I have been sincere to her with daily phone calls and text mgs.

Her current behavior is unacceptable to us and we would like to go through with the divorce.

Her Lawyer has laughed off the idea of mutual consented divorce.

The court has set the first hearing date of 14 July 2014 but i would not be able to attend as my leave finishes on 30th June 2014.

My Mother is 75 years old and is a heart patient; she is not in position to run the case in my absence.

Also I had lent her family a lot of money as help. We had spent a lot of money on her for education i.e. (coaching classes for Bank Entrance Exam).I would want to recover these and the ornaments I had given her for the marriage ceremony -wedlock etc.

 

Would be much obliged if you could provide any guidance in these matters.



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 June 2014

after filing for mutual consent ... there is a counselling session which has to be attended to by both the parties .... if any party does not appear before the Counsellor and thereafter before the court .... then divorce will not be granted .... and there is nothing like ex-parte divorce on a petion filed for divorce by mutual consent.

 

shan kumar (sales)     29 June 2014

Dear Sir, Thankyou for your reply; but as I have stated they are not intrested in MCD and are pursuing the case - only to torture and harass me and my mother.

T. Kalaiselvan, Advocate (Advocate)     29 June 2014

If they are not interested in Mutual consent divorce, you may, if you are not interested anymore to continue the marital relationship with her, on a memo may state that you wish to submit to the decree she prays for but without the stated allegation, that way you can get the case disposed soon, and in that memo itself you can mention and demand the items mentioned above in your post.  Consult your advocate and discuss with him on the above lines.

shan kumar (sales)     29 June 2014

Thankyou very much for this insight. I will do as you have stated.. Many sincere thanks

ANAMIKA VICHARE (LAWYER)     29 June 2014

If you also want a divorce, you give consent to the decree but in the written statement bring on record all the facts....Now that money which you have given/ornaments etc, you won't get back...She is working so she would not getmaintenasnce....Your mother need not attend the Court, your lawyer can attend on your behalf...the matter will besettled most probably, since it is her divorce petition

 

Anamika Vichare

Family Court Lawyer, Mumbai

Purush Hakka Saurakshan Samittee

anamika_vichare@rediffmail.com


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