Divorce from abroad

1. What you heard are factually correct.


2. If you called your daughter and grand daughter back to India based on briefs given reason then at that time Son In Law should have been given an opportunity to speak his mind and would have been warned to mend his so called ways as you felt, now when he files for divorce back home why get surprised it was inevitable by one party one day or other in briefs given situations !.


3. All you have to do now is to post written reply of your daughter to that Irish Court and/or get appointed a  Attorney there and get your daughter represented in either way.


Moreover western country  Divorce laws protects interests of not only your daughter but grand daughter on assets / maint. and alimony very very fast so they are protected by Laws unlike here where cases goes on and on and on.

 
4. For advise on what can you use here others may comment I am competent for it other than abv. para 3 advise which I can give based on facts before us!

Hi,

thank to both of you for quick reply. we have tried to call him several times but he is not taking our calls now. and once he picked the phone and said you can speak to my lawyer....we also told him that how can he take divorce from there if he wants divorce then he should come there...he said that he is not concerned whether or now Indian court will accept this divorce. Now we are in delima that if he succeeds in taking divorce abroad will he be able to remarry there? we have to come to know somehow that he is having an extra - marital affair there..though we can not prove it. Also, please tell me does that mean that taking divorce abroad is not considered crime in India? specially when marriage has happened in India. can we file any criminal case on him if he manages to get one sided divorce there? will this be considered crime or not?

-thanks

V
 

1. HE having an affair there....OK

Hence

1a. Was dowry also paid to him and or his family for this alliance !


2. Un-contested Decree achieved overseas can always be challenged in India and in such case Indian Laws favours you.


3. If he succeds in seeking either a contested divorce and or a un-contested divorce after Limitation laws of the Land he is free to re-marry there or anywhere else for that matter. Indian Laws have no power to put a caveat and or stop him in Ireland unless...................


Now you have to take a call either get your daughter represented in Ireland by contesting the divorce and or let him bake and eat his pastry and see what you can do locally for which enough material there............

Hi Taj,

Yes, we had given him dowry, though he never demanded for that ofcourse. We even gave him a car which he returned to us before going abroad. 

But does that mean Indian court can not atall stop the divorce process abroad?

thanks

vikas

1 Thank you for your honesty on para 1 que.


2.  NO. Indian Courts donot have Jurisdiction to stop a Divorce suit currently running in a Irish Court. 


Summing up it is suggested to meet in your city a competent Family Court Lawyer and discuss the situation and seek his wisdom on what to do as it seems some disharmony happened between a NRI couple and one of the spouse is in India right now along with a minor child and responsible natal parents are shocked to see Divorce Notice from a country of residence of their Son in Law so soon knocking at their door. The only worry which I see in parents is that their daughters marriage should not get dissolve for that remedy as per my understanding of your situation so far is to let go the Irish suit ex-Party and file RCR along with maint. for minor child by way of a civil remedy suit here in India and serve the summon upon him via all modes of its due process.  But, there is no harm having a face to face reasoned talk with your son-in-law and or with his family / relatives back inIndia on request one more time to have grip of such hurried situation that has come to your knowledge if marriage needs to be worked out is what is in responsible parents mind.
Reasoning:  Ex party divorce that he may seek will not be valid in India as per our Laws. RCR that is suggested to file here in India will show your daughter interested in marriage and not that she was interested ever to get it dissolved no matter some disharmonious situation was there between couple but taking such extreme steps she may have not been interested. Now it will be for him to contest our Jurisdiction suit or not once your daughter is made to file RCR. i.e. he may appear or not is purely his choice. But, even if your daughter gets a RCR decree in her favour after couple of months here what solution she may have then as to a unwilling other spouse no god can make h/er willing to rejoin matrimony against h/er wishes and then it comes back to divorce table but these are too far a thinking stated as preparation ????? Further it will not stop him re-marrying post ex party divorce decree that he may get in days to come if it is left un-contested by your daughter and or her men and agent. Suppose she contest the same over there and wins it means his divorce suit is dismissed after due process but he does nto take her back then again the situation is back to square one is it not so!!!! For this contentious marital issue I say honestly I have no long term suggestion on how to stop it at all as it is one of the NRI spouse wishes post divorce decree further post its limitation (if any as per local laws) what shape s/he wants h/er life to take course. 


But meanwhile do consult as in-chamber a competent family court lawyer inyour city as to what other options you may have. In all these I will not suggest criminal suits to be used for a simple reason till civil suits are live reconciliation possibilities are always an option between two spouses and the moment one spouse uses criminal suit against other chances slowly diminishes.


We wish the family courage and face bravely the messy situation in hand with patience and conviction.


Be your god be with you in these tough times.  

Hi Taj,

Thanks a ton for you detailed information. Yes, I have booked a meeting here with a family lawyer tomorrow. He was suggesting over the phone that it will be better for go for reconcillation at the onset . he also suggested that if any criminal case is to be put we can put a case of violence or 498 dowry case on him. But he said this will only put a criminal case on him in india there is no way that we can forcefully get him deported to India as long as he has residence permit in ireland. he also said the case proceeding will also start only when he will accept the summons. But he said if you start any criminal case, he might decide to never come to India..so I am again confused now...

I am going to meet him tomorrow. lets see what he has to tell.

But I thank you a lot .

Vikas

1. Sure


2. That is why I asked your para 1 que. before hand. Three things are basic ingredients of a NRI suit in India that we have been handling for quite sometime now; impotency allegations, extra marital affair and lastly dowry demands. Impotency was ruled out as she has a daughter which I understood from the very first message of yours. Extra marital affair whether true or false the family knows and court will give it s verdict upon, if considers as an issue ! Dowry charges per se usage of S. 498a r/w S. 406 IPC are ruled out as you yourself said he didnot ask but you gave and car etc. yes you gave but he returned back so what now pops!



Bharat Ratna Domestic Violence Act, yes that may be filed but how to bring the horse to water that will be interesting discovery for you tomorrow but then thinking is on to save or destroy a marriage with a child out of the wedlock that is the reason we were clueless as to motive and hence politely pulled back in above last reply......


Hence one last time all the very best;. last bze I rarely like to exceed 3 replies to a thread but then exception are never a Rule here :-) 

Well said Tajobs.

Vikas, there is no benefit of false and frivolous litigation in any matrimonial disputes, though others experts may advise diffirent cause of actions.

One thing you have to decide on the  very onset, What you want? 

Based on that, a lot of clarity comes and you can take well informed decisions.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hello Mr. Shonee and Tajobs,

We met a lawyer today and he told us we can send reply to Irish court which will be a legal document from court here, yes I think he mentioned from court here that since marriage has been solemnised in India and wife is in India so divorce can not be proceeded in Irish juridiciary.. I did not remember the hefty legal words which he used but thats what he was trying to say...so he said like this we may be able to bar him from taking divorce from there. Also he said that side by side we can also file a divorce case from here and send a notice to him. 

To be honest all we want is that he should come here and meet us so that we can all sit together and sort out all the matter...but he is not at all interested in reconcialliation now and is sticked to divorce only....we also do not want to break this marriage specially because my sister has a daughter...so is there any way that we can legally force him to come here .. we dont feel safe to send my sister to him just like that....

Thanks

Vikas

Your lawyer is wrong.

As per Irish Law, the divorce petition can be presented in that court and it would have the jurisdiction to entertain the same.

Legal ways to force someone to come here..... hmmm..... the lawyer would have told you those also. However from my experience I know most to be futile.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hi,

A very important point that we missed and now our lawyer is telling us is that he is asking divorce on the basis of child abduction and if he is able to prove it then he will get divorce there in Ireland immediately without going into and legal separate time. How can he prove that my sister actually abducted the child? Our lawyer is saying it depends from country to country. Some countries considers parental child abduction also. Though, in India there is no parental child abduction. But our confusion is that he himself booked tickets for my sister and her daughter, then how come its child abduction. What should we do ?

Thanks

Vikas

@ Author

First a correction in all my previous messages; daughter to be read as your sister. I am sorry I mistook HER to be your daughter.


1. Your sister's Lawyer is again wrong in his suggestion.


2. Ireland like several EU countries is signatory of the Hague Convention unlike India which is not. It is crime there to abduct child from a parent and take to another STATE

3. The Child Abduction and Enforcement of Custody Orders Act 1991 gives the force of law in Ireland to the Hague and Luxembourg Conventions on child abduction. The "purpose of those Conventions is to facilitate the return of children who have been taken from one contracting state to another against the wishes of a parent with custody rights. " In addition, there is provision under the Luxembourg Convention for a custody or access order granted in one contracting state to be recognised or enforced in another contracting state.  

4. The Authority (The Child Abduction and Enforcement of Custody Orders Act 1991) operates under the Hague and Luxembourg Conventions and as far as abductions between EU States are concerned, the Brussels II bis Regulation  concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental which came into force on 1 March, 2005 and the Child Abduction and Enforcement of Custody Orders Act 1991.


Hence the child will be returned back to him post his divorce even if a case is launched on Indian soils by your sister as is case laws of our Hon'ble SC are concerned.


You have to tell yourself what your sister wants out of all these? I have stated all kinds of laws based on yoru presented briefs before us and these were even consulted by you with your lawyer as you say yourself in one of the messages. The recent gyan on Irish child abduction laws is one thing which you need to consult now since here in this reply I present to your lawyer the Irish Laws on child abduction gyan as mentioned in brief above.


If your lawyer is interested then I can quote some 176 authorities from Irish Courts on child abduction and divorce laws based on child abduction 'grounds' and father winning those suits ! My data is update upto 2006 however year does not matter till data is there.

Hi Tajobs,

My brother-in-law is not requesting the return of child. He has merely filed the divorce case on the basis of child abduction. Our lawyer said that he anyway can not get child back because the child is in India and INdia is not member of hauge convention. so all Irish govt can do is rule in his favor for returning the child but it can not enforce India to return it. It will only effect if my sister and her daugher travel to any such country where hauge conventions is signed. Nevertheless, our lawyer is saying that he anyway is not requesting the return of child . he is only asking divorce on that basis. but my question is that how can we prove in Irish court that the child is not abducted. first it has been long time since the child came to india moreover he booked the tickets by himself...does that make any sense if argued.

He also said, that if we want we can file the case of 498A and some other cases on him in INdia ..but that will just a counter attack of kind. He said that it wont effect unless he accepts the summons...and since he is abroad it will be difficult to make him accept summons..I was arguing him that why cant we send him summons through foreign ministry or Indian embassy in Ireland..we have his address..and moreover he has already started a legal divorce case from there so its quite understood that he can not hide atleast...he said end point is that we will have to keep eye on him that when ever he comes to India then we can make sure that he accepts the summons and only then court proceeding will start here in India..its quite confusing now....my sister is ready for divorce but we want to go for divorce in India.....I forgot to ask my lawyer that is it possible that if he comes to India we can confiscate his passport so that he is not able to leave India. This is just to make sure that he settles everything with us and then only leave...is it possible?

thanks

Vikas