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Dr.ABC (Not Applicable)     26 September 2014

Ex-wife in india

I am an Indian national, settled in Ireland. Married in India in 2012, divorced in Irish Court in 2014. Financial settlement also in Irish Court. Now, my ex-wife has gone to India.

My question is, can she create any legal problems for my parents (who live in India). Can she file any case against them in India?



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 5 Replies

Biswanath Roy (Advocate)     27 September 2014

It will be a difficult task for your divorced wife to create any legal trouble against your parents in India.  This view is from my long experience.

Tajobsindia (Senior Partner )     27 September 2014

 @ Author,


1. My opinion is, with foreign divorce  decree which was accepted by her she cannot pray any relief against your family members here in India as she will be hit by various legal bars as per Indian Laws.



2. However, you may send certified copy of foreign divorce decree to your family here in India for safeguarding them from any eventuality if you fear so.

 

[Last reply]

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Anand Bali Adv. (Advocate Solicitor & Consultant)     27 September 2014

Dear Friend,

After taking Divorce she is a free individual from any matrimonial relations with you and also with your all family members legally she can not be treated as Bahu for your Parents and she also can not claim any domestic relationsip wit any of your relative after getting a divorce from the Court.

Thus she can not opt for any domestic Violence or matrimonial offence of cruelty  against your parents in India .

However,  she is free to file any civil or criminal case/ complaint against them as an independent person with a separate legal entity having no relations with them at all. Thus all claims under matrimonial relations are now barred for her after the divorce situation.

Other to above, you are advised to give a certified copy of your Divorce decree to your Parents in India as an precautionary measure. This will help them in trouble.

T. Kalaiselvan, Advocate (Advocate)     02 October 2014

Though the experts views are agreed, one cannot stop her from indulging in such avenging activities if she has resolved to take revenge on any count against you.  She is at liberty to lodge n number of false complaints, but ho they will sustain remains to be seen or how you counter them.  There are chances that she may take a plea that she was forced to accept the divorce in a foreign country for a marriage that was ceremonised in India as per Indian laws, this way she will make grounds for her false claims, hence it is better to be watchful about her movements in this regard.  Be prepared with with full protection to your parents by being in touch with a lawyer to be ready to file an anticipatory bail for them in case she moves an application before the police or court.

Biswanath Roy (Advocate)     02 October 2014

When the matrimonial relationship was already ended by divorce order( may be in the foreign court) which was not challenged by the wife by preferring an appeal against it on the ground of wrong jurisdiction of case the same cannot be re-agitated in India and further allegations related to that cannot be taken up or agitate in another form  in India.


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