desertedhusband (na) 03 April 2012

Is this a good decision?

Hi law experts,

After doing lot of research here and there, and talking to some experienced people and also going through so many blogs here on lawyersclubindia.com, I am thinking to file the divorce case in a foreign country where I am living rather than in India. Its not complicated over here and also not biased. But the people whom I have been discussing with, some are victims like myself and others wellwishers, are telling me that once I file for divorce here in the country I am living, I will to have accept that I may not be able to travel back to India because my wife can put criminal cases like 498A etc or even go to Interpol for that matter. Infact my well-wishers are suggesting me that I should I avoid to travel to India as my in-laws can easily hold me there by putting 498A and I may not be able to come back easily because even police and court are helpful to women side only.

I request the experts to throw some light on this and help me to decide what should I do?

to be honest I am realy not interested to start divorce process in India after reading so many bad experiences and facts. But for sure I want to get rid of my so called marriage.

Is it true that the court in India proceed only when summons have been accepted?

Regards,

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7 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 03 April 2012

First of all you are seeking and will get advice free here while abord you have to pay by hour whether the advice is useful or not.

So is the case for legal proceedings.

desertedhusband (na) 03 April 2012

to @JSDN-Advocate DEFENSE,

Sir, I did not quite understand your message. I need advice to take correct decision wether I should come to India and file divorce or file from here in foreign country I am living in.

I have also come to know that the divorce taken abroad is not valid in India if spouse contests it. Which is absolutely OK to me. Infact better.

the only question is that what can be the consequencies which I should be aware of? and how can I counter them

Regards,

threeleafe (awaited) 03 April 2012

Deserted,

It is a good idea to seek divorce in foreign land, you will get speedy justice.

From reading previous judgment on similar situation I want to advise on one point.

Due to any reason if you have to come back to India.Wife may drag you to court and say that your divorce is not valid. The usual defence taken in such situation is - that she was not able to contest the petition as she did not have financial resources to contest in a foreign land.

If you want to cover for such situations - whenver you file divorce - please offer her, with proofs, economical assistance to contest the petition. You should drop e mails, physical mails, along with some checks/online transfers.

**Victim** (job) 03 April 2012

@ Author i would like to help you and discuss your issue with you i am not a lawyer/attorney but i can tell you most of the stuff and then you decided what you want to do for yourself. Most of the advice given by some people is true except Red Corner Notice and interpol crap. Red Corner Notice is for criminals and we are not criminals. Yes something similar to RCN is called LOC (Look Out Circular) may be issued but that is limited to india only. As advised by someone you should drop your social networking sites until you finish all issues. Court in india has to serve you summons without that case cannot proceed and it seems you are in stage of not accepting summons and that's why you seem to be worried about case in india. Check your PM i have sent you my contact details.......

desertedhusband (na) 04 April 2012

to @victim,

Hi dear, I replied to you PM.

It will be difficult for me to hide my contact details if I am to file divorce from here because I have to furnish my contact detail on divorce application which might go as in info to my wife. basically the process is that when I file for divorce here I will have to mention her contact detail to which the authorities here will post the divorce application to her. And, I dont want to refrain from the proper process here.

Regards,

**Victim** (job) 04 April 2012

@ Author before even you do anything from abroad i want to ask you have you considered the fact that your marriage happened according to hindu ceremony and you are suppose to follow hindu law. Now any exparty decision held against your wife in foreign country i.e. abroad doesn't put that much weight on her. It's like your words against her words on the counter parts she will also file cases against you which will be expartied against you and eventually you will end up not going to india. My advice to you don't hurry this matter think of it twice before you do anything from abroad. Do you know how much troubled the litigation is going to be for her ? First and foremost serving summons for womens to their deserted husbands is pain nowadays it takes time and even if she decides to move further in case if summons is not served then her lawyer will request for newspaper publication. I am not saying that it's not possible but i am saying that it's difficult and time consuming process. Once that is done cases starts running in court my suggestion to you is let her start and let her finish why do you want to get involved by sending her divorce notice and then giving her your address proof. Brother i personally have gone through what you are current going through and i can tell you that it's thousand times better to get harassed abroad by indian authorities then getting harassed in india. It's all upto you no matter what you do if you go for divorce then also you are responsible to maintain her.............wish u all the best.