Mohammed Khan (Engineer) 15 February 2016

Nri divorce

Dear Advocates,

I am an NRI, currently residing out of India for the last 7.5 years. I got married in India in 2013 under Muslim Marriage rites and customs and also have 1 year old son who is currently living with my wife in India.

Due to some unfortunate circumstances, we both have not had a happy married life since beginning of my marriage and my wife always involved their family with their political power and made lot of disputes in my marital life.

I have now executed my Divorce('Talaq') petition with my free will and consent as per Muslim rites and also have got my Divorce Certificate issued by Andhra Pradesh State Wakfboard, India on 10th February. My Wife has not come for relationship for the past 11 months, staying in India with their Parents. My wife’s family always wanted me to come to India for meeting’s to settle our divorce matter and at the same time tried to threatened us with allegations, criminal cases etc. However, I have now issued a divorce to my wife in February and our relationship is now seized with my Talaq.

The following actions are executed so far:

Due to the threating calls by my wife’s family, my parents have written a statement to District Superintendent of Police in our home town in India and also same copy been sent to my wife’s home town of District Superintendent of Police to get some relief from immediate arrest me and my parents in near future.
Talaq (Executed in UK) and applied for Divorce Certificate at WakBoard, India. The same copy divorce certificate issued also sent to my wife directly by the Wakfboard.
An original divorce certificate has now been sent to my wife by the WakfBoard.
A lawyer notice sent to my wife which explains the reasons behind the issuing of divorce. One of the main reasons are, my wife idea is to get more money for the maintenance and this is all their ideas to dissolve the relationship and to receive a big amount under maintenance purposes by the NRI.

Under all above circumstances, I am now worried about my current job in the UK as my wife’s family is trying to spoil my career with threating of seizing my passport through NRI police station in India, calling my employer in the UK, making various allegations to fail a false 498A case to arrest my parents and me since they have some strong political ties in India.

I have issued a power attorney to my father to appear before court and also to make all court correspondences since I cannot travel to India due to my job and fearness of 498A.

Could anyone kindly advise me with necessary petitions to be done on my side and protect myself from seizing of passport, my job and other police cases?
Under which section I can make petition at High Court in order to protect my job in abroad?
Can I apply for Anticipatory Bail before my wife file 498A (since I have issued a divorce notice and sent divorce certificate to my wife there are high chances of 498A to be filled shortly)?
Is there any other sections to be pitioned in India and protect my job in Abroad without coming to India?
Can I register my Divorce Certificate at High Court?
What is the next step of action incase if my wife does not respond to my notices and divorce certiifctae issued?

Many thanks for your answers in advance and look forward to your valueable advise soon.

Thank you.

Mohd.

Reply Follow

5 Replies

Vijay Raj Mahajan (Advocate) 15 February 2016

The criminal complaint made under section 498A IPC is valid for the wife in existing marriage, the ex-wife whose marriage has been dissolved by valid decree of divorce as in your case will not be able to lodge FIR under section 498A IPC just like this. She has to have sufficient ground and evidence to get you charged u/s498A IPC and in your defense the decree of divorce will hold good ground to defend her charges.

In the meantime to be on safe side inform about the dissolution of your marriage according to law applicable to both of you to the local police of your as well her district/city and Crime Against Women Cell of both districts/city.

The FIR is not registered by the Police unless a prior notice under section 41 and 41A of the Cr.P.C is sent to the husband on the criminal complaint of the wife and you can always in reply to the notice attach the copy of the decree of divorce to show and prove your case and falsify her criminal charges being made after thought only after the dissolution of your marriage with her.

Mohammed Khan (Engineer) 15 February 2016

Dear Vijay Raj,

Many thanks for your response to my request. Would you mind if I ask some of your valuable inputs to my passport reated query in below of my request? Could you please provide me if there any sections that to be filed to protect my job in abroad and impounding of my passport so we can file a petition in high court accordingly?

Thanks a lot!

H.M.Patnaik (Proprietor) 15 February 2016

Since you are located outside India for quite sometime and already availed legal assistance in India and abroad, pl. continue consultation with your legal counsel who is quite conversant with the case matter for all required future course of action to be taken to safeguard your interest.

Dr J C Vashista (Advocate) 17 February 2016

Consult a local lawyer.

vinsonmichae (Lawyer) 17 February 2016

It can often be the case that the other spouse cannot be contacted. This may happen for a variety of reasons; for example, if the spouse has moved and cannot be located. In such cases the courts allow what is called "notification by publication". Notification by publication is where the courts allow a spouse to notify the other party that they have filed for divorce through a local publishing company, usually in the "divorce" section of a newspaper. The person must place the ad in the newspaper stating that they have filed for divorce, and the other party usually must be named. The person filing is required to wait for a period such as 30 days for the other spouse to respond.

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