Sandbpunekar
24 October 2016 at 19:41
Case is referred 26 days ago under Betrayal Adultery and Divorce subject. 2 lawyers were contacted who gave different opinion.Hence confused.
1.Husband wants to get divorce in India while she was ready to comeback in India. Now she is not willing to comeback to India. If wife get separated in USA being greencard holder she can file divorce case there which means 50% loss on life long earning of husband and in all tangible and non tangible assets which will go in hands of wife for ever. More over some false criminal charges husband may face.
Lawyer one opined to submit adultery case against her lover.(Criminal charge for adultery is not provided against women in law hence against lover). Also file Divorce case in India. If she comes to India then it will be easy to send summons to wife. Summons can be sent in USA. If she accept for MCD then it will be easy to settle the case. He also suggested to give POA to relative of Husband duly attested by USA Consulate who will sign for submission of case of divorce and adultery in India. As such Husband is not required to present in India for submission of case. He may be required to come in court for 1 or 2 times.It is to be added that Lawyer one has suggested for anticipatory bail case to be submitted in India by Husband through POA holder as a precautionery measure. This can be filed by POA.
2. Lawyer two said first send Lawyer's notice to wife by email or courier in USA directly and not through consulate stating adultery revealed and prepare for MCD in India. If she does not accept, Husband has to come to India for submission of divorce case. Advocate said wife can be sued for adultery case in India and once divorce case under HMA and adultery case is filed in India, USA court can not continue same cases there on same grounds. If wife is ready for MCD then both are required to be present physically for submission of divorce case. Advocate advised not to file adultery case against Lover of wife if she is ready for MCD.There is no necessity of anticipatory bail as wife can not find any criminal evidence against Husband.
MCD will not be accepted by wife when she has powerful rights in USA
It is confused matter, who is wrong and right. Can one identify best lawyers in Pune who are knowledgeable & experienced in NRI divorce and adultery cases. On internet no such information is available. Can any one guide and help.
Anonymous
24 October 2016 at 13:17
My husband purchased a flat in the year 2008, but registered it on my mother inlaws name. We are residing with father inlaw, mother inlaw and our 6 years old son. Due to some family reason, i apprehend the future dispute regarding divolution of property, as my husband have one married sister. And my husband has kept all the propery, shares, fixed deposites and other savings on her name.How does the property will devolve after her death? Is our interest secure for future??What if she makes Will as per her choice resulting injustice to us??Do we have any measures to prevent or challenge if it happens at all? And what if she dies intestate???how it will devolve among us??advice if any?
manjunath
24 October 2016 at 11:35
Dear experts
Divorce wife will get any share in the husband property. After death of husband and she is not getting any maintance amt from her husband
myayan
24 October 2016 at 06:07
I and my husband are wedded under indian marriage act1955 as i am a hindu n he is a muslim.My husband has married a foreigner in Saudi by court and he is absconding.I can't reach him by any means.He has his family suport .is there any way to bring him back to India through law
Aarti
24 October 2016 at 00:13
I have filed 498A FIR on my husband and inlaws. Police have not taken any action whatsoever in last 6 months after FIR. I have gone to meet IO many times and he is saying that party is in different state, very little he can do. He has not even given 41A notice till now to accused. He called my husband to come and join investigation over phone, husband is saying send official letter then he will join. IO is not sending any letter. IO makes phone call to husband when I go to meet him and then he forgets about the matter - taking it very lightly. He is saying he cannot make arrests also. What is the use of such police when they do nothing?
Should I complain to senior police officers? I think my husband has given money to IO. Husband has not come to attend any investigation or attending dates in DV and 125 cases. His lawyer comes for dates in DV case and keeps making silly grounds to get more and more dates. My parents are getting very anxious and disturbed as nothing is happening for almost 2 years.
myayan
23 October 2016 at 09:39
In case the person conduct a court marriage in any foreign country concealing his first marriage .is it possible to produce that marriage certificate by contacting the Indian embassy der.
Anonymous
22 October 2016 at 22:22
In case the person conduct a court marriage in any foreign country concealing his first marriage .is it possible to produce that marriage certificate by contacting the Indian embassy der.
myayan
22 October 2016 at 20:47
If an Islam married a Hindu as per Indian marriage act1955. Is he permitted to marry another Islamic girl without divorcing his first Hindu wife. Will this act come under bigamy offence as per Indian law?
Keshav kamra
22 October 2016 at 14:12
If a decree under sec 9 of hma is passed in fav our of husband exparte.. How to enforce such decree and what are the consequences for non instance by earring wife?
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interim maintenance
wife deserted from matrimonial home for the past of 5 years. during divorce petition. reunion takes place. while reunion three times attempted suicide. husband filed cruelty grounds for divorce. highcourt ordered to pay travelling allowance alone while transfer of case petition. child are within the custody of father. in this stage the interim maintenance petition is allowed or not