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ruchikaz (hr)     25 October 2014

Ex-parte in foreign land if summons recieved

Dear experts

please let me know if  the summons of divorce case has been  recieved of foriegn court.Is the ex-parte valid in india??

And is there any way to get my husband's divorce case dismmised in foreign as he has unconditionally withdrawn his divorce case in india since we were contesting the same and has malafidely filed it in foreign land since my husband knows that i have been shifted to india and my visa has also gt expired and it will not be possible to contest the same in foreign land as i neither have money nor have visa to contest in foreign land.



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 5 Replies

BHUWAN RAJ 09839268489 (lawyer)     26 October 2014

Dear

 

Plz let me know where was your marriage solemnized and where was it registered. it is the abuse of process of law what your husband has done it if your marriage is registered in India and especially the fact that he has withdrawn the case of divorce against you in Indian Court. Plz call for further queries.

 

Regards

Bhuwan Raj, Adv

cell: 09839268489

T. Kalaiselvan, Advocate (Advocate)     28 October 2014

For a marriage that was solemnised in India as per Hindu or Indian laws, a divorce decree on the same by a court of law of a foreign country will not be valid in India.  Even if you receive the summon and choose not to attend the case in that foreign country, it will not have any impact in India, he has to obtain divorce in India as per Indian laws only.  You can file a domestic violence case in this country against him seeking residential rights, maintenance and other reliefs and also file a RCR so that let him see how is he going to face it once in India. Consult a local lawyer and proceed further as per his advise.

ruchikaz (hr)     30 October 2014

Thanks experts .

The marriage got solemnized and registered in india only.

Please tell what is RCR AND how can i file it ?? What is this for ??

ruchikaz (hr)     30 October 2014

i had already filed DV ACT 24 and he didnot show up and ex-parte 

ruchikaz (hr)     30 October 2014

what else i can do my best to save myself as he has withdarwn from india

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