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Ajay (Consultant)     02 June 2014

Regarding ex-parte divorce from one party from india

Dear Everyone,

I need suggestions from you all. Please advice.

I got married in India last year and things did not work out. Their family in India agreed to do mutual settlement if we pay them 5 lacs.

But they want to file single divorce from their side and don't want to file mutual divorce. 

They also told that when I receive divorce papers in Canada then I should not accept them. The Divorce will happen automatically. What should i do ? Is their anything fishy about the same ?  Also they don't want us to give them money through a lawyer. They want to give the same through a middle man that we know as well.

Thank you for your suggestions in Advance.

 

Regards,

Ajay



Learning

 14 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 June 2014

Dear Bro,

It is totally Fishy.

You can ask them that your lawyer will handle this case and they have to come to court and mutual consent divorce will be granted in your absence also.

Coz if you will accept this proposal then she will file maintenance case or 498a cases in future as in the one sided divorce she can go to any extent but in mutual divorce she will be bound for the agreed amount and she will not be able to proceed any other proceeding against you.

For further help you may write us at my mail id along with your complete details and location etc. IF possible my team or myself will handle your case.

Good luck

Regards

adv.kamal.grover@gmail.com

+919814110005

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

Don't ever let a divorce case go ex-parte. Ex-parte would take much more time than divorce by mutual consent. Hence, it is better to persuade them for Mutual Consent Divorce.

 

Anyone can fight that case on your behalf on Power of Attorney in India.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Ajay (Consultant)     02 June 2014

Thank you Kamal and Shonee for your reply. Really appreciate your help. I will try to make it clear to the 3rd person (mediator) that I am only willing to go through MCD and don't want to go through the ex-parte route. Lets hope the best. I will contact you once i know more.

Have a good day!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Raj,

 

When you are aware, then why let it go ex-parte?

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

ANAMIKA VICHARE (LAWYER)     03 June 2014

In fact not accepting the summons of a Divorce Petn would mean two things, either it is avoided i.e. non-service and secondly being present also to refuse to accept the same resulting into service of a summons.    In fact you are out of India, if the summons is served to you through Indian Consulate and you refuse to accept it is still a service which will result  into ex-parte divorce proceedings.

If you cannot travel to India...you can do one thing, accept the summons and send your written statement affirmed through Consultae of India and post it to the Concerned court, it will be taken into consideration, let the divorce happen, it is easier for you.....If she has demanded excessive you can defend through your written statement and also send a list of documents etc.

 

Never pay anything through any lawyer...there is a risk

 

you can send me email and I can help you out in preparing Written Statement and other applncs/affidvits reqd

coming to INdia is expensive for you

 

 

anamika_vichare@rediffmail.com

there is underscore betn anamika and vichare

Advocate, Fmaily Court, Bandra

Mobile9920764088

Purush Hakka Saurakashan Samittee

Editor Purushmukti

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Raj,

 

irregularities do happen, what I am trying to say is that when one is served, it would be difficult to say you are not served. If the matter proceeds ex-parte even then, it would be detrimental to your interests.

 

In cases, where the person has no intention of ever coming to India, it would be diffirent thing. But a person who has properties in India and also wants to come to India at some stage, he can be saddled with difficult circumstances.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

Just appoint someone to keep track of the same.

 

 

 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

Ajay (Consultant)     04 June 2014

Thank you Shonee, Raj, Anamika and Kamal for your suggestions.

I have one more question. Is it ok to give my present Canada address to the other party or Can i give my relatives address in canada as well where i can receive papers ? I am not sure if it is manadatory to give your own address or if we can give any other address as well to receive papers.

Kindly advice.

Thank you all once again !

Regards,

Ajay

 

Gautam Kapoor (IT professional Studying Law)     05 June 2014

Agree with what Mr.Kamal says. This is very fishy and your honey's trap.Say yes to every thing they say and do the opposite.Do not let the divorce go exparte,recieve the summons,provide GPA,POA to your family members to represent the case or MCD whatever ,every thing should be in black and white .

Im sure their true colours will unfurl once you recieve the summons and represent the case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Ajay,

 

you should give the PoA to your relative. And I would always advise to give the correct address.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

pushpa (sr. level)     17 June 2014

I think Raj123 is not living in India. He talked about the system. Yes this is the system which provides benefits to the NRIs. By the loopholes of the system judiciary and police , many NRIs hav ruined the life of Indian girls. They marry with Indian girl, keep her with them for some time in abroad. Take her all money and exploit her as a servant and for his motto and after having all fun they leave them on the road and move on and make new marriage in abroad . Many Indians living in abroad has made this a profession and they didn't turn to India after the court notices,summons and cases are going on in courts and the girl is atteding all dates in a hope that he will come and the case will b decided. Even many girls lost their jobs ,residence in matrimonial house is not allowed,she is not accepted by the bhai-bhabhi in parental house, husband doesn't attend the court dates. The number of these people increasing day by day and even they have formed their unions also in India and abroad .  Neither they come to India nor provide any maintenance to their agrievied wives. Who is the looser at this part ? she can not get divorce also and this is all because of  our loose system. I agree . do u????

pushpa (sr. level)     17 June 2014

Shoneeji,

If summons are not received, reason can b verified from the court room and who received it the signature can b verified from the receipt copy. 

pushpa (sr. level)     20 November 2015

This above person is not Ajay .This is Raj not from Canada, he is from uk and he is proclaimed offender but by making fool to both governments of India as well as UK, he got Citizenship there and hav no intention to come here in India. He spoiled his wif's life for money and greed and ran away from India . He ran away from the place also where they were living in UK. If he was right ,then why he hide himself. He should face  all the  proceedings and should prove himself innocent. He has also done biogamy there. He is married without divorce. This type of persons shd be boycotted from this forum. Here also he is hiding himself and presenting himself as Ajay but Mr. Shonee whom he send PM ,referred him as Raj. He pretended himself as Gujrati there and got benefits from a Gujrati person  .Mr. Hardik Mehta, whether he is from Odissa. Totally lier.

KISHAN DUTT KALASKAR (Advocate)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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