Nataraj (personal) 14 August 2012

D.v.interem order

Resp.Penal of expert

How and where can I get a justice in India ?

I am now 74 years past 40 years I am living in foreign country and a citizen of that country. Retired with single person social security pension.

For companionship in my matured age I married a Indian lady in Oct.2001 in foreign country and marriage registered in that country. She lived with me for few months in that country, then insisted to have a home in India whenever we visit India.So With my retirement saving I purchaged a apartment in March 2002, she made me to include her name in purchage deed.( I have proof of Payments). She visited me few times until 2004 ( proof of Aust.Govt.Letter)Earlia she was in a rental room.

Since 2004 we have no cohabitation.I stay in same flat in separate room without sharing any thing.I eat outside whenever I am in India. Most of the time I am out of India.

She filed 498A in Jan 2009 .I filed for divorce in my Country where we were married. On 4th feb 2009 she received notice from federal court of that country on 20th Feb. 2009 .After that date she filed Domestic Violence on 4th March 2009. Her proof are few N.C complaints in Police stations( I can prove I was not even in India in few N.Cs allegations) My divorce decree passed on April 2009 ex-party.I produced Divorce certificate to the court.

Then she filed for divorce in India stating that she married as per Hindu rites.Which is false.

.Metro Magistrate did not consider those proffs passed Interim order on 11.11.20010 to pay her Rs.10000/- per month. Session court copied the same order and asked to deposit 30000/-I did .

In High court after so many dates Judge ordered to deposit Rs.50000/- on Oct.2011 .I did deposit. She has withdrawn all amounts.

Again after so many dates my matter come up.same judge ordered to deposit Rs. 85 000/- Arrears.before 10th sept. I can't deposit that amount.

Todate no evidence is recorded she does not attend the metro court. I have no chance to prove false allegations. I have all proffs. I have no domestic relation since 2004. My proffs have no value but her false petition is accepted.

I have produced her Bank statement of 2011, in 9 months she has deposited 9 lakhs.She is working and earning. I am retired and not earning.

My humble request to the panal is what I should do next? Can I go to Suprem Court?

Please advice.

Nataraj

Reply Follow

4 Replies

Tajobsindia (Senior Partner ) 14 August 2012

No rosy reply other than 'what justice you fell shall be given at this young ripe age to yours”

Reasoning:

At your age when instead of living a peaceful life you are forced to do morning walks at various Indian Courts corridors which is beauty of Women’s Centric Laws of the land which you left for good, but the only mistake you committed was to marry an Indian Metro Woman THERE instead of picking any local lass.

However before symptoms of a heart attack ends rest of your youthful innings here are questions on whose answers if you give may be some legal remedies could be suggested;

1. First you should tell us under which customary Marriage Laws both of you got married in OZ?

1.1. Second thing that you should tell us in which State of India DV Act Complaint is pending further adjudication?

1.2 Third thing you should tell us what actually she wants; property in India OR one time Alimony or afterall your life?

1.3 Forth thing you should tell us in which State in India she filed S. 498a IPC and are you on AB or Regular Bail?

Read my reply with peaceful mind and reply paras either here in the forum or by PM to me. Certain remedies to your facts could be then suggested is my opinion.

Anish Thakur 7018812737 (advocate) 14 August 2012

dear querist,

first of all you have to present your side in the ld court by yourself or by your lawyer if you are so confident about the proofs you have against her ,present that to court ,you will surely get relief ,get it done through any lawyer ,no you cant go to the supreme court directly ,you have to reach there step by step ,you can appeal against the orders in high court ,but its very difficult to amend and change the jujgements in higher courts without any good lawyer.feel free to call if you have still any query.

(Guest)

Sirji, profile foto main jo bald old hain woh aap ho kyaaa?

vijay (M) 16 August 2012

if you are a citizen of a foreign country, then i believe non of these indian laws are applicable to you. I think clearer picture will emerge from looking step by step at what Tajobsindia has replied.