rajiv_lodha (zz) 12 June 2011

Overseas Divorce

Writing 2 help one of my friends:

Married since 8yrs, one male child. Wife very abusive & non-adjusting. She is qualified & earned in past. Hubby shifted to Japan for job. She & son r now on dependent visa with him for past 6months. Her cruelties never stopped till date.

Fearing strange anti-men laws backhome, he never dared to start divorce proceedings in past. But now both are in foeign land, is it advisable to start divorce proceedings there:

1) Will overseas court admit such petition?

2) Wat u think, getting div in Japan wil be relatively easy?

3) If he succeeds, wil this divorce b valid backhome?

4) How much is the risk of 498a et al for him/family?

5) Any other pros/cons

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6 Replies

**Victim** (job) 12 June 2011

Seeking mutual divorce in japan would be thousand times easy compared to india.......i suggest if both husband and wife agrees to end their relationship mutually it would be better for your friend to seek divorce in japan.....there is high risk of 498 (a) if he tries to seek divorce in india.

rajiv_lodha (zz) 13 June 2011

Thanx victim!

MCD is totally out of question. Plz somebody reply all the points.

Rajeshwer Rao (ADVOCATE PRACTICE) 13 June 2011

regarding queries no. 1 & 3, please see section 13 of Code of Civil Procedure.

regarding qyery no.2, please contact any legal professional in Japan.

regarding query no.4, if you are able to prove your case before the court in Japan, then this won't be an issue.

regarding query no. 5, please specify.

**Victim** (job) 14 June 2011

Rajiv it's always nice to sort out marital issues out of india............don't forget rajiv if you try to seek divorce in india you will go through terrible legal system....i am telling you from my personal experience......especially if talking about 498 (a) then definately you will fall in hands of cops and even if bail is granted there will be special conditions under which you cannot leave india......if you do leave india knowingly then lot of bad things can happen after you leave i suggest you to hire a ld. advocate in india ant try to seek some advice from them

rajiv_lodha (zz) 16 June 2011

U r very rite, dats why he cud never think of divorce in India. The usual course here is:

1. U file divorce, many a times boy has no material proof of her cruelties as matrimonial fight is restricted in 4 walls of the room. If she abuses u in the middle of nite & manhandles, will u 1st call some witness to be there?

2. She fires with 498a, DV etc, u get trapped with cops, bail, courts proving that u never took money, never did domestic violence.

3. If u ppl r out from this trouble with God's grace, the things r again back 2 square 1. Indian law does not grant div to the guys on cruelty grounds unless he has SOLID PROOF. She wil hang u in between & deny MCD. U wont get another option but to wait wait & wait

So, I think God has given him this oportunity that his wife is now in Japan too. Plz guide how its relatively easy overseas?

**Victim** (job) 16 June 2011

@ Yup ask him to do anything related to marital issues outside india................that's the best advice......also if his wife is misguided which i think is going to happen more likely she will fly back india in order to conduct proceedings in india because they think they can do anything with us.....even during those circumstances ask your friend to be patient and not to visit india....