Ex-parte divorce and consequences

file 302 497 and 376 also, and 120b and NDPS Act and MCOCA

You can file cheating case or whatever case,it`s almost impossible to extradite him from the UK if he`s got the right visa-PR or British passport.The UK doesn`t tecognise what you mention as Cheating and no UK judge will agree to his extradition eventhough in India we may consider this as Cheating.

For any public prosecutor, some dollar bill would be sufficient enough to lose this longewala battle. Do you believe that any public prosecutor would be interested in fighting a case where he has no clue, what had happened and see thousands of same cases on daily basis? I never paid such amounts for my cases but knowing such kind of tragedy was enough for me to gauge how deep the water is. Anyway, it is life and so are the situations.

I sincerely wish that your relatives stop misguiding you about the court procedures when they've literally no clue about the civil versus criminal proceedings. First let me make it very clear that for any kind of litigation process depend on how much you earn, 25-50% of salary/income would be spent on each and every year of this newly deployed governance model i.e. honest cops, lawyers, public prosecutor, CAW cell (incase you are thinking to hunt big), typing, printing, filing important notices, etc. etc. whereas, your husband would be spending 50-75% of his salary/income on each year on the same infrastructure which you would deploy for him. One of the important aspects in this case is that since both of you mutually hate each other (quite obvious in husband/wife relationship), depend on what allegations you would put on him, same allegation could come from his side too to win-over this third world war!

Honorable advocates have already suggested you to file a number of series of cases. Same thing was suggested to my wife and within a year when judge asked her to show any evidences of "my" wrong-doings towards her. At that time, she was scared to death. I hope you're not trying to bring a monster at home which you have no idea how to manage it later-on... You could put thousand of wrong allegation on him but remember one day truth would come out and then you would be facing the defamation charges (100 time of total income earned by husband) as well. So, in short, it's NOT a race and you are NOT a horse... Calm down, use your mind and think about a way to settle down this amiably. I am NOT suggesting you to NOT to fight this case but fight on actual facts/truth; especially not just because of what your uncle is saying. Let me tell you one more thing, the moment you'll get the first response from the boy's side, you won't see your uncle coming anywhere near to your home... that's why, they're so called "relatives" not "actuals". Even sometime, parents have to fall short because they've to take care of other kids too. Depend on how lucky are you, parents would give their level-best to win-over this illusionist battle...

Don't feel low and cheated. Few facts/findings –

(1) We don't love each other and we also did not live together after marriage

(1)  Its very obvious in husband and wife relationship. From very next day of marriage, husband/wife started feeling like an alien at his home! Have you guys been to any marriage counselor? May be both of you could go to a marriage counselor and see what he/she says...

(2) Now i want to continue my life and want to get divorced and my family wants to get alimony and maintenance

(2) I believe right word you want to use is that you need financial support to carry forward your life. As a wife, you have right to ask for the financial support but only question which judge would ask you is when there was no relationship between both of you since day-1 then on what grounds, you are asking for divorce NOT for "marriage annulment" and further financial support.

(3) He is ready for MCD if i don't ask any alimony and maintenance?

(3) Is he is ready to live with you peacefully?

(4) he wants to live in UK forever and for him his career is important whereas i want to stay in India as i know in UK i will never find a job and will have more trouble if i depend on him and stay at home as housewife.

(4) Is it your assumption that you would NOT find a job in UK or have you checked with the immigration/embassy website about it? I believe, you are drawing 35K salary which is a decent pay-package and hope you are educated enough for drawing that pay package. Just FYI – When you complete your master programs from any foreign universities (UK, US, Singapore) it makes you eligible for their homeland job as well. You do NOT have to stay really at home. Have you not heard about GRE, TOFEL and GMAT exams which makes you eligible for sponsorship?

(5) want to teach him a lesson saying he destroyed my life

(5) Teach him a lesson by staying with him for forever. There is no better punishment for a husband whose wife always stays with him, all the time!

(6) He is having parents in India but he don't bother or care for them

(6) Don't have any idea what kind of man does not respect his parents. It's really appreciable that you don’t want to hurt his parents.

(7) My uncle is saying that i should file only cheating case against him as if he was not ready for marriage then why he got married to me

(7)  Just curious to know, did you ask your uncle how well he was doing at the time of his own marriage? You could probably check with your other male colleague on this as well. It’s very common thing that 90% of groom/bridge says, "they were not ready for marriage at the time of marriage." Or "they were confused/pressurized for marriage".

In short, it's a dispute and not a case... Think twice before you start doing anything.

Mango

 Sensible posts by Samy and mango;

@ deepika,

Let me stand in your situation and answer few self questionaaire before going to legal help.

1) Fraud cases have crossed its limit of one year , so no fraud or annulement ground that you can take after two silent years from your side.

2) 498a wont mostly stand except your initial ego satisfaction; DV on failure to provide basic amenities will also fail because you waited two years and were earning and not in roads for these two years. So standing before court and shouting that i was dying in the road will not work in case your husband goes to court and submits your income proof .

3) are you going to file a fact that marraige was not consumated ( say for example in future if you want to remarry, mentioning this is blessing), how would you proove that non-consumation was owing to his fault?

4) This is just incomptibale issue, please move on with your life than hanging for alimony and dragging your life. If you like, sensible answer from me, my case was same, my wife decided to with false cases, even after three years she is not able to file single case till date because ground was denied in every corner the same goes to true for your husband.

Taking is upto you;

Though I expected something more concrete from a educated person of your caliber, but here is a reply to you to mull upon.

Disagrements and small conflicts are a part & parcel of any relationship, be it marriage and are bound to happen, which is only natural.

besides, Congrats Mango, Msk-need -nuetral- laws, Need Justice & seniors, well explained.

I also concur with all of you on every point and I cannot add any other point.
I also discourage them to engage themselves into spending precious years of life.

my opinion is somewhat different.  If one does not have any valid ground as stipulated in law to seek divorce and one wants to take divorce for the reason one has some other "attraction" waiting in the wings for marriage or incompatibility with the spouse, which is not a ground for divorce at present or has extra-marital relationship and wants to give legal sanctity to such relationship and for that wants divorce from the spouse, one has no other option except to file false allegation/suits and follow all other steps,

all of you explained very well,  howsomuch they are cumbersome

nice query and well explained replies from seniors.

1] Ours is an arranged marriage and from the day one we are both having problems and its been 2 yrs and our marriage is not yet consummated as we don't love each other and we also did not live together after marriage.

it is ur personal matter.

2] He is working in UK and i am living in Delhi.Now i want to continue my life and want to get divorced and my family wants to get alimony and maintenance.He is ready for MCD if i don't ask any alimony and maintenance otherwise he will not give me divorce.

hw do u firmly say that. r u in contact ?

3] If i file for divorce asking for alimony and maintenance then i am sure he will not come and attend in this case will i get a ex-parte divorce ?
 
u know him better

4] What all consequence he will have to face if he does not attend the proceedings ?

only lawyer can say. but i feel u must hv still SOFT CORNER.

5] I was told that if he does not come to India or hires a lawyer to fight the case i will easily get divorce but he will get arrested and can never enter India.Is this true ? "

believe only what experienced lawyer say. again cann't resist myself to express my feel from ur anxiety that u must hv still SOFT CORNER.

6] We are both not compatible from the day one but due to social problem i kept quite and want to continue the relation but now i realised it will never work as he wants to live in UK forever and for him his career is important whereas i want to stay in India as i know in UK i will never find a job and will have more trouble if i depend on him and stay at home as housewife.

COMPATIBLE is a strictly tricky escaping word to escape from realities in matrimonial matters.
otherwise every one has to be compatible to others one way or other in society. no one is spared.
one should not find any difficulties to get honorary work.

7] As you all know for a woman it is not easy to file divorce alone and need help from parents and relatives who are after him and want to teach him a lesson saying he destroyed my life.They want that i file cases againt him and ask for maintenance and alimony.Also they are saying i don't have to worry because the state lawyer will fight our case and we don't have to pay any money to the lawyer which i don't understand.

it is family matter. as far as law is concerned, consult lawyer for pros n cons.　

8] I also know that my husband is a stubborn man and what he says is that we both are responsible for whatever happened and its not just him and also he never touched me or took any advantage or took a penny from me so he agree with MCD otherwise i will only waste my life running after court as he will not attend any court proceedings and waste his time.I was told by my relatives that if i file case then i can easily get divorce and also get maintenance and alimony without any problem and i will be on safe side and he will be forced to return to India otherwise it will take ages for me to get divorce.

to decide whose responsibility is ur personal matter and if u want one step move ahead to decide in court, then it will b a judiciary. so decide what to do and consult lawyer. but keep in mind that in love/war/legal battle no one can predict its result.

9] red are you sure only 498 is run by government lawyers and not other cases.Then why my relatives are saying i don't need to worry as without any expense i can get a government lawyer ? Does that mean with 498 the government lawyer also fight divorce case without any fees ?

don't depend on info frm relatives. they r not professional. so chances r their info might b incomplete. every case has own circumstances so don't try to compare two.

10] He is having parents in India but he don't bother or care for them and he is not having any property in India.I also don't have any details of his work or address where he lives in UK.If i threaten his parents its of no use as i wont get anything from those poor old people.I know he will not fight any case.How can i ask him for one time payment which he is not ready to pay and he is not afraid of any law or anyone.

hw do u convince for one time settlement since u don't hv any connection ? first trace his whereabouts. thgh it is none of my business,
i can not held my feeling that u must hv still SOFT CORNER not only for him but also for his family.

that prompt me to give advice "why should not settle down the issues once and for all rather than thinking of bitter thoughts."

11] Grishma i posted the query yesterday night so don't know how you say its @2:50am ?

seems u r very much worry ?

12] He never gave me any promise to leave UK or i married him because he is NRI.It was arranged marriage and we only came to know each other after marriage.I know that i will not get a job there and i am not willing to work in a shop or as cleaning lady in UK and he is not willing to return to India so when we both are at different place there is no single scope of our relation to work.

seems he is very well off only thn it is not mandatory for his spouse to work. reason behind majority of working couple is to run house. in ur case, appears ur income isn't necessary to run. thn work as honorary for time pass which may easily available than Remunerated one.

13] I am not in a hurry to remarry and neither he is in hurry but being a woman to live in society i will be compelled to remarry again and i don't want to run after court cases which may take long.

it is ur personal matter to decide when & where & to whom.
 

14] I am working and earning 35k.

commandable nice pay slip.
 
15] The mistake was the marriage was not registered and it was only ceremonial.I am sure in UK he is still having unmarried status and this is also reason he is not ready to take me to UK as if he get me a Visa then he knows that i can fight a case against him in UK court so he is very smart person.I went to get my marriage registered with photos,invitation card etc but at the registry office they said without the presence of husband and his signature on the form i cannot get any marriage certificate.Now without a proper certificate i even cannot go and talk with anyone at the UK embassy and get his information.

hw do u confidently say abt him ? u can visit uk on maiden name also. no one can stop u using ur maiden name passport, if any. to get info of someone, better consult lawyer and act accordingly.

16]  Need Justice i am asking for Alimony because i am a woman and in India after divorce a women don't have future and life in the society.He is a man and he can easily find a girl and remarry but for me it is not possible in Indian society.

outside, it is a personal matter and in court, it is judiciary matter.
 

17] I don't want to file criminal case but being a woman you know its always parents and relatives who are involved in this matters as it was arranged married for which they were involved and i cannot change this Indian society.It is them who want to file criminal charges otherwise they say i don't get any compensation and according to them while filing divorce all blame should be put on man and woman should be claimed as innocent otherwise in society women are always blamed for divorce and not men whatever they do.

it is again personal view and choice is urs whom to believe.

18] My uncle is saying that i should file only cheating case against him as if he was not ready for marriage then why he got married to me so he was cheating me by not take me along with him and it is cruelty for not getting visa for me when he is living and working there.

as an one of involved person, u knw TRUTH much better. wht is wht. advice u it is always advisable to keep in mind the TRUTH whenever & whatever u shld take step,

19] He says by filing cheating case even if he does not come to attend the case he can be extradited and will be forced to attend the case and i will get divorce and for not paying me alimony and maintenance he will be punished.Also it is my right to get alimony and maintenance which he has to pay.

advice is good bt my sincere advice is to consult lawyer.