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neha (Producer)     21 July 2012

Divorce in usa

Hi, I am undergoing a divorce at the moment..my ex is based in the USA, and I am here in India..We havent lived with each other even for a day, though I had an H4 visa which expired long time back...

Currently we are undergoing a mutual divorce but he refuses to give the power of attorney and neither wishes to appear for the second motion. In the first motion document he agreed that he would give the power of attorney if he could not appear but now completely denies it. My second motion was due on MAY 28th 2012, but his counsel promised that he would be here in India, by 24TH July....no news so far...My fear is that he might have got a divorce in the USA, leading a parallel life, and just to give me grief isnt appearing for the second motion as he knows he has 18 months to himself..his family is very shrewd...His interior motive is take the compensation back that he paid me

seeking for legal advice

Regards,



Learning

 11 Replies

neha (Producer)     21 July 2012

Hi..also I would lik eto know if there is any way of finding out, if he is divorced in the USA?

Tajobsindia (Senior Partner )     21 July 2012

1. How much was the compensation that he paid to you?
2. You can get ex party 'D' also.
3. Write to his US employer to tell you his current marital status and give reference of Indian pending case and say I want to get re-married if he is already got divorce there then let me know so that I can get re-married here.

adv. rajeev ( rajoo ) (practicing advocate)     21 July 2012

If you were interested in divorce you could have filed divorce petition alone.

neha (Producer)     21 July 2012

Hello advocate rajeev, it was a contested matter which turned into a mutual divorce. i had moved the court for the contested matter, and TAJOBSINDIA..how does one get an ex- party dovorce if the matter is mutrual, also i DONT HAVEMY HUSBAND'S employer details, as he keeps changing jobs every six months

Tajobsindia (Senior Partner )     21 July 2012

 

Originally posted by : neha

 


XXXXX  leading a parallel life, and just to give me grief isnt appearing for the second motion as he knows he has 18 months to himself..his family is very shrewd...His interior motive is take the compensation back that he paid me

it was a contested matter which turned into a mutual divorce. i had moved the court for the contested matter

"and TAJOBSINDIA..how does one get an ex- party dovorce if the matter is mutrual,"

 

 

I knew these are the reply you will give J

 

1. legit solution :- By showing his part of fulfillment of terms and conditions of MoU by already receiving his given payment to you and as you have moved the court for contested matter the present MCD case gets dismissed and returns to its original state that is contested stage and then contested matter proceeds ex party. That is how in your case ex party D you will get now

 

BTW, the compensation (you were cribbing about in your first message) which he already paid for agreeing for MCD is yours to keep now; to pay as advocate fees and rest balance is for party time.  No court can ask you to return to him the payment that you swiftly swallowed J

Afterall Indian NRI men are not that bad as you are making them out to be.

Now how is this legit solution for your weekend peace of mind
J

 

 

PS: In today's worldwide recession phase if a husband on H1 visa is managing somehow keeping Jobs for say 6 months here and there that also in Europe / USA then it is a miracle that he is doing there to earn a living and possibly support his so called shrewd parents back home and a "pressurizing" wife (who knows quite well via her own advocate and SC ruling that till consent is not withdrawn which can be even extended beyond 18 months she should wait but........this is nobody's case).


Now visualise who is shrewd and who is seeking refund of compensation that already been paid and what legit solution you already have in hand ha ha  

 

neha (Producer)     21 July 2012

Well..Mr  TAJOBSINDIA  I thought this was a legal forum where one could get some serious advice, but guess what I was sooo wrong ..its infact a forum where men like you take out their personal frustations on others..not knowing what could be the entire matter.....my prime reason for divorce was dowry....a handwriiten list was given to me....I lost my father during this phase..he died of a heartattack, because of the pain that he saw me going through

Its very simple for you to make allegations....but guess its men like you who have now made it impossibel to sustain a beautiful realtionship like marriage....

Tajobsindia (Senior Partner )     21 July 2012

 

Originally posted by : neha
 
XXXXX  I thought this was a legal forum where one could get some serious advice, but guess what I was sooo wrong ..its infact a forum where men like you take out their personal frustations on others..my prime reason for divorce was dowry...."a handwriiten list was given to me"....I lost my father during this phase..XXXXX

Its very simple for you to make allegations....but guess its "men like you" who have now made "it impossibel to sustain a beautiful realtionship like marriage...."
 

I need not have to know any queriest entire facts in non Chamber environs to give serious legal reply nor I was ever interested to know why you gave divorce (thanks you wrote about it which was not material here to cause title of MCD and how to get divorce now) and my above legit reply in case you still have not noticed is the only serious legal reply in a legal forum and you can cross check with any advocate of your choice about its seriousness J .


Now I will attempt giving you another serious legal reply picking (random) your above quote - unquote in this very legal forum;


The above quote of yours covers legal requirement of Rule 2 of THE DOWRY PROHIBITION (MAIN
TENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985

“2. Rules in accordance with which lists of presents are to be maintained.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

 

(2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

 

Every list of presents referred to in sub-rule (1) or sub-rule (2),-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage:

(b) shall be in writing;

(c) shall contain,-

(i) a brief descripttion of each present;

(ii) the approximate value of the present;

(iii)the name of the person who has given the present; and

(iv)where the person giving the present is related to the bride or bridegroom, a descripttion of such relationship;

(d) shall be signed by both the bride and the bridegroom.”



If you got compensation during MCD because of above handwritten list given to you then keep it which I said earlier also it is your legal rights.

Now after keeping it why are you further agitating and feeling that I am taking out my frustration on you and where is my frustration to begin with in this query? It is simple query that you wrote here and this sites legit member replied you with a legit serious legal solution.


And BTW it is not men like me who “who have now made it impossible to sustain a beautiful realtionship like marriage.... as you say and I quote you here” BUT it is woman like you who give dowry (giving / taking dowry both is crime you should know that) and man like your “husband who gives you handwritten list” turns into dowry case and then collateral damage is bound to happen to both sides at the end of this social giving / taking.


BTW,
 a beautiful relationship of marriage is not built around giving dowry ha ha


I can understand after giving dowry and reciving compensation thereof during MCD, you may not still be satisfied and for that I cannot help you any further bze there is already a collateral damage here to one party........... which is called as "Newton's Third Law of Motion".

Anish Thakur 7018812737 (advocate)     21 July 2012

  1. DEAR QUERIST,
  2. firstly issue one more summon for your husband to appear before the court ,once summons is issued for apperance,file application before the ld court requesting the ld court to instruct the foreign ministery to serve the court summons through indian ambassy in usa.once you get this application approved and your summons served to your husband in usa.he is bound to appear before the ld court and if he will not do so he will be bring back to india by the foreign minstery offiocials through court instructions.
  3. feel free to call

Adv. Chandrasekhar (Advocate)     22 July 2012

Dear Ms. Neha,

As his advocate is suggesting that he would come by 24th July, wait till that time with a hope that he would turn up for second motion.  If he does not turn up, then you have to take other options.

As you rightly said, it is difficult to change the MCD again a contested case and turn it into ex-parte case.  Even in ex-parte case also, till you prove the allegations mentioned in the petition, you cannot get divorce.  Further, ex-parte divorce decree is always vurnerable to be reopened at a future date.

If he does not turn up, engage a private detective in USA and find out if he got a divorce decree in USA.  If that is so, obtain divorce decree and you are free as much as he. 

The amount, if he paid any, during the course of litigation, you are absolute owner.  He cannot recover it.

Amit (NA)     22 July 2012

Not wanting to divert the topic but I'd like to get clearification regd the divorce in US.

 

How can her husband file for divorce in US for a marriage that happened in India?

I understand that Indian marriage is recognized in US but even US laws as far I know state that the divorce should be filed where the parties lived together last which is in India. Please clarify.

 

If he indeed filed for divorce, don't he has to specify her last known address to send the notice to?

If he filed for divorce and she did not receive the notice or failed to appear then will it be ex-parte divorce there?

Shankar (Adv)     23 July 2012

In USA, if couple lived together, they can file divorce.


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