Seeking urgent advice by NRI re jurisdiction of courts

So what is the problem in giving her divorce , both can live  happily thereafter.

Divorce is not an issue, the girl has lodged the case to India under sec 13(1)(ia) (on the basis of fabricated allegations of torture) instead of filing it in New Zealand with a view to exploit and is seeking a hefty amount of alimony.  The

1. I agree to Sh. Shashikumar


2. Step 1: - Appoint a POA persont o represent you in Chennai.


3. Step 2:- File Application for dismissal of suit based on hidding "materials facts" to set Jurisdiction [para 2 of any divorce petition states - "at the time of marriage and at the time of filing this petition where bride and groom lived" is the crucial test to get it dismissed]. You have not stated in your opening briefs all the para 2 details "as per mention in the suit" other than that you have stated where the marriage took place and where is th ehome of the wife" so advise of Sh Shashikumar is perfect if you have no issues on giving her divorce.

 

For easy understanding

1. She has used S. 19 (iiia) HMA (inserted) The Marriage Laws Amendment Act, 2003 since her parents home is in Chennai.


2. A Family Court (say here Chennai) has power to set its own Rules in any Family related suits (S. 7 FCA) as per enormous flexiability given to the Court by virtue of Family Court Act, 1984 to run a suit.


But amidst all these, like if you are only worried about "hefty alimony" then that can be contested later based on STATUS while right now allowing giving consent to Divorce ! Anyhow S. 25 HMA (alomony) is going to be decided at the time of "decree in divorce proceedings" stage only na so why you are worried right now.

Okies, I see you are worried on "wordings of false allegations in the suit" when you use word "false" then you will be conditioned to constest the Suit so don't force yourself to say right now, as you said in second reply that "Divorce is not an issue" becuase once you use this sentence then the essence of whole suit gets lost......keep thinking now what I actually mean.


Finally I hope you are not confused with wordings in S. 24 HMA (pendentlite maint. also referred as pendentlite alimony) as it is recurring given by you per month to her with S. 25 HMA wordings which is actually referred to as "alimony" as it is one time given post "a decree in any divorce proceedings" ????

Harbans Lal Malik  Versus Payal Malik 

look for above judgement recently by Delhi HC for couple who got divorce in New Jersey.

In your case you are citizen of NZ assuming no dual citizenship status exists then no reason you should bother about any thing. SC and HC have enough judgements to protect your relatives. And as a citizen of NZ, you are not subject of Indian court. More over case can be filed at place of marriage or natural recidence of couple in your case that is NZ.

Do one thing file divorce in NZ court and file complaint against wife and relatives to Indian consulate in NZ. Also do not appear in Indian court for divorce let her take ex parte decision. As long as you are NZ citizen you can challange same in NZ. If she files for maintenace etc. prove her financal status and work history in NZ.

Also if you have no assets or maintaining legal assets as NRI then just transfer to NZ or Australia. You can do in few days if maintaining NRI accounts. And if you have no assets you are not citizen then why you are worried about this country's court?

This country is darker then its passport color, you did good thing by giving up citizen ship.