| Originally posted by :Tajobsindia | ||
| " |
@ Author 1. I think you should read down below link to understand the doubts better; https://www.lawyersclubindia.com/forum/Delhi-HC-8211-guidelines-for-LOC-and-RCN-and-its-purpose--23116.asp There are Hon'ble SC guidelines too on same subject which I hv not quoted right now. 2. There are two cases currently before Hon'ble SC whose case knowledge I have; one case is that of an USA s/w POI from Delhi who came back to India to settle their pending issues and inturn got his passport attached as welcome tikka - garland ceremony in due course by unceremonious DP and one of the Bench of Hon'ble SC made cough US $ 20 K pending trial towards maint. arrears whereas since his passport is attached he is jobless and can't go back to earn a income and thus he is forced to appear before Hon’ble Bench as party in person but his case hearing is not coming before current transferred Bench hence ideating in ILI canteen opp. SC whom I bump on and off and we do crack jokes about ‘situations’ :-) . Second case is that of an Aussie POI holder from Rajasthan who also thought on the same lines to come back and settle issues and though appearing before Hon'ble SC via AOR but struck to go back to OZ to his cushy S/w job as his passport got attached and both these cases husbands on good faith to end their matrimonial disputes inspite of wishes of legal advises came back to Indian soil and got struck in due process of Indian Courts. Both these husbands are of same age group as you hence I thought to mention their brief case status as of today. 3. Personally I feel you should come to India and see to an end to all these if you feel you are honest and have not committed cruelties as alleged within the meaning of S. 498a IPC complaint suit by your ‘young wife’. However professionally I will advise to appoint a POA and via video conference as "performa party" eventually get settlement of all issues in various complaint suits without touching Indian soil. Though this suggested process is long way out but legally doable and couple of smart husbands have done it in recent past whose knowledge I have and ld. Courts does recognise performa party settlements of NRI's in S. 498a IPC as well as in S. 125 CrPC. I advised above since I feel “once youth” is too precious to get wasted in such false and or genuine complaint cases of incompatibilities as true bedroom truth only respective “youth” knows. All a ld. Court does is the persuasive interpretation of such four walls stories as MY VERDICT (like you hear people say na ki either my way or highway......) , but then one does not win out of such bedroom sorry stories of current youth (the third generation or our times) for a simple fact the precious “productive youth years of professional sons of the soils are lost” contesting such gender biased laws of the land! Well that is the repurcussions of creating more and more benevolent class legislations and handing them to todays' metro wives. BTW, is it so J think - think - think and make a call accordingly. |
" |
@ Tajobsindia & Mr. Saurabh as revealed earlier by both of you i am interested to know more about performa party. My case proceeding is going in suburb region and i doubt even judge of that court would have any idea of performa party. She is a lady judge and very stubborn i have heard from my inlaws itself that lady judge have assured my wife that i will have to come india in order to attend court proceedings and there is nothing much to expect from this case even though if i go and attend this case in person. The best option would be performa party but before that i want to know is there any time limit in which my wife can pray for divorce without my presence once i am ordered to pay maintenance under crpc 125 ? Is my wife capable to seeking divorce under grounds of desertion at the same time when she is seeking maintenance under sec crpc 125 ?
One of the reason i am asking this question is because in case if i decide not to attend any court proceedings and in case if exparty orders are given then is there anyway that my wife can seek exparty divorce as well ? if she is eligible to seek exparty divorce then for her things will be very easy she will get out of this mess whereas i will be stuck against all those charges which will be pending against me until i visit india even though my wife gets married to someone else........
