Manish (Software Professional) 12 November 2011

Need advice : divorce case to be filed

Hi All,

My Situation - I'm an NRI residing overseas from last 2 years. I was married in India 2 years back before coming overseas, but unfortunately the marriage didn't last more than 2 months and we separated legally. The money matters were resolved based on a legal notorised deed from both parties. There are no more disputes over money matters. Before leaving India, we had put forward our case of divorce by mutual consent before the court with both parties present. But the case is not yet up in the court for initial hearing.

My Questions -

1. My ex-wife's family wants a divorce decree soon. Even i'm willing to settle the matter, but due to work comittments, i can't go to India for another 6 months. Can my ex-wife's family goto court and order summons against me to appear in the court for initial hearing? If yes, what are the implications?

2. Can my ex-wife's family lodge any false criminal case against me? If yes, what are the implications?

Please could anyone provide advice in my situation.

Thanks!

Reply Follow

9 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 12 November 2011

Dear Querist,

If you have obtained judicial separation, you have no much thing to worry about. However, since you intend to get divorced from ex-wife and as a matter of fact, she also so wishes, both can move joint petition for divorce by mutual consent and let one lawyer represent both of you by duly executed vakalatnama. But as per practice, you may have to be present and in such a situation, you ask your ex-wife to request the Hon'ble Court to fix a longer date suitable to you to atleast be present for once.

If you are judicially separated and not ordinarily residing in India, I am of the view that no criminal prosecution could possibly be filed by your ex-wife against you, as per facts given by you.

Trust this would suffice.

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Rajeev Kumar (Lawyer/Advocate) 12 November 2011

I agree with above reply

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 November 2011

Mr. Majumdar is rightly explained

Manish (Software Professional) 12 November 2011

Thanks Mr. Majumdar, that answers my queries!

Dr J C Vashista (Advocate) 13 November 2011

Dear friend,

Mr. Majumdar has rightly advised, I agree.

Besides this no criminal proceeding are possible against you.

However, it would be better to proceed for divorce by mutual consent as soon as possible in the interest of both the parties since you (both) may be able to restart and enjoy your life.

prabhakar rao j (xxxxxxxxxxxx) 15 November 2011

Dear Manish,

If you and your wife entered into any mutual understandings, then you can both move an application for mutual divorce. Your presence is not required while filing or after the lapse of mandatory period of six months. You can authorise your father or any one to represent on your behalf by filing petition to allow GPA u/s.32 - 33 CPC. If you are staying abroad execute a General Power of Attorney favouring authorised person by notorised along with notorised vakalat.

If any of terms not agreeale to yor she may file criminal complaint.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 16 November 2011

I agree with Prabhakar Rao.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

When u both want to get rid of each other then what's the problem,let her get an expartee divorce. Write a letter to the judge but tell him that you are a NRI at[Mention the country]. Ifit's USA,then the judge will grant your wife ex parte's divorce on behalf of of your wife. USA which is one country where Abdus Kalam keeps going and keeps getting frisked over and over again.