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Suresh AV (NA)     10 June 2012

Wife sent summons for maintainance to native place

Respected Experts;

I am working in Qatar; I got visa and passport done for my wife and when I was about to call her here; she left my native house (parent house where she was living) due our personal disputes. Now almost 1 year has been passed and she is staying with her parents; now She has filed a case and sent me summons at my native place for maintanance. Court's 1st hearing is in next 10 days.


Now my Questions are:

  • Local Police person came to my house with summon; Do my parents have to accept it on behalf of me; as I am no longer staying except my parents.
  • I read; recent judgment shows that If wife leaves to her husband on filmsy ground that she isn't elliglbe for maitnance / alimony ? Will it apply here?
  • We still didn't have lawyer as we know some family retired lawer & he adviced that my parent should not accept it. I am confused what to do ?
  • Finally; She has made so much false allegation; now I don't want to accept her ever. What If I court passes maintainance order; (if it happens) and I deny it what will happen it worst case; Will I be extradited from Qatar to go to indian jail for that ?

Thanks for your help in advance. Appreciate your quick response



Learning

 7 Replies

**Victim** (job)     10 June 2012

No extradition is not possible in matrimonial cases ur parents doesn't have to accept summons on ur behalf. The worst thing tht could happen if you don't pay maintenance is if you have movable or immovable property tht could be sealed, attached & auctioned. Lastly Look Out Circular will be issued so tht anytime u arrive india you will be arrested from airport itself.....these are the possibilities tht could happen if you don't pay maintenance.

Suresh AV (NA)     10 June 2012

Hello Victim,


Thanks a lot but one of lawyers also told me that : If I don't pay maintanance then court will pass "execution proceedings" for not obeying it's order. which implies that opp party will make application for impounding ur passport and hence I can be deported !

  • Is it possible? And If yes how easy it is to do so?
  • Also my main question remains If my parents do not accept sumoon on my behalf ; Will court hearing still initiated ? And If yes; Can Judge pass judgment despite of knowing  that opp party hasn't recieved summons.
  • Also is there any way to know;  If LOC is issued?

**Victim** (job)     10 June 2012

@ Suresh usually summons are served to your last known address and it doesn't really matter where the summons is served because if your parents don't accept the notice then court will ask for newspaper publcation and that itself is considered as summons served.


Asumming you are indian passport holder then when you go for renewal of passport that time you will be snatched by indian embassy located in qatar but let's say if you have passport which doesn't expire for 10 yrs then you should not worry for renewal but make sure you don't also travel to india coz once the LOC is issued you will be nabbed from the airport itself. This is a long procedure and there is a time right now you should prepare strategy how to fight court case.

 

Once again even though you have indian passport you can't be extradited but your passport will be impounded when you go for renewal at any case EXTRADITION IS NOT POSSIBLE.

Suresh AV (NA)     10 June 2012

 

Dear Friend (@Victim)

Once again thanks for your quicker reponse; So do I have to worry about next hearing which is scheduled. Again as you said that court can ask for newspaper publication which will be considered summon itself. Henceforth; will court pass judgement ? When I come to India and If I get arrensted ; Can I still contest and challenge judgement to higher court ?

**Victim** (job)     11 June 2012

Dear the reason ur inlaws served u summons at ur parents house is coz it would have been easier & convenient for them. Serving summons abroad is a pain to them.........here are the questions I want to ask u, 1) Do u have any property or bank account in india? 2) R u on temporary visa abroad? 3) Did ur wife lived with u at ur parental house? 4) Did u demanded any dowry frm her? You should worry about any court judgements & police case held against u until ur wife remarries or commits adultery.

Suresh AV (NA)     11 June 2012

 

 

Dear Friend (@Victim)

PF my answer as follows

1.       Do u have any property or bank account in india?

No , I don’t have any asset (immovable properties) although I do have my hard earned savings lied in bank accounts. I read about your experience; and I know you did commendable job by moving your money back to swiss a/c. I sent you PM for that… Please go through that and do advice me accordingly.

My wife doesn’t know about any of my bank a/c.  I am also curious to know that how court will find out about my a/c in-order to free those ones.

2.       Are you on temporary visa aboard?

No I am on official work permit sponsored by my company. I am out of India since more than 3 years so now I am officially NRI.

3.       Did ur wife lived with u at ur parental house?

Yes; she lived at my native place after so much requests and she didn’t wanted to stay with my parents’ house. But out of our 3.5 years of marriage; she hardly lived with 3 months with my parents and 5-6 months with me in a separately. Rest of the time she stayed at her parent’s house.

4.       Did u demanded any dowry frm her?

Absolutely NOT; I can’t even think about it; we are from repute family; It’s absolutely ridicule and sin to ask something like this. Although against this she has always loved my money and hate my parents treated them as biggest enemies.

You should worry about any court judgments & police case held against u until ur wife remarries or commits adultery.

I didn’t get this; don’t you think it’s good. In both cases I will be able to get the rid of her without maintenance or alimony. As she can’t remarry until and unless divorce hasn’t be granted.  I don’t want to give single paisa of my hard earned money; I am even ready for worst case.

Suresh AV (NA)     11 June 2012

P.S: Once again Thanks for continues help and support.


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