malihajain
01 May 2012 at 18:13
I am an NRI .I have applied for divorce in India from my wife but I may not win or the case may drag on as she is contesting it.
So I have decided that after I become an US citizen I will file for a divorce in US as it can be obtained easily.
Is such a divorce valid in India?
Does the US divorce need to get validated in India? What are the consequences?
Actually I retained my wife's green card as I thought she will come to the US and make trouble for me.But she contested in court and I had to return her green card. She has the court's order as evidence for it.Will it be a problem in any way for me?
Can she file a criminal complaint saying that I have illegally retained the green card? If so will it affect my US citizenship prospects. Can she file a complaint against me in US Consulate in India. Kindly reply and advice.
M Chaturvedi
01 May 2012 at 15:22
Dear Sirs / Madam:
Divorce on verge of Settlement.
Lumpsum (Full & Final) Compensation of Rs.5 Lacs agreed by both parties.
Is this amount of Rs.5 Lacs Lumpsum Compensation Taxable to Wife?
Also, would like to know that How can 498A be Withdrawn by Wife? She is willing to withdraw it.
Is MoU for Divorce Settlement Valuable in Court?
What if, After MoU is Signed, either parties step back from following the MoU?
Ranganath
01 May 2012 at 13:47
Ld counsels,
Wife stated in her petition for annulment of marriage that marriage was not consummated due to impotence of husband.
Wife also stated that marriage was not solemnized as per customs hence no valid marriage in the eye of law.
Can the court take cognizance of non-consummation and direct the husband for psychological evaluation even though wife took contrary stand that the marriage itself is not solemnized.
Thanks, Please clarify.
vickydonor
01 May 2012 at 10:37
Relations with wife strained and expecting 498a etc
Pls answer this query(My query is motivated by a desire to preserve what's is mine and not to fall prey to hands of a greedy and cruel wife who time and again threatens me to transfer my assets to her to escape 498a etc)
(a)in view of the likelihood of marital property act being passed in near future....i have a plot alloted in my name from a govt agency and payments towards its cost made from my own income..can i gift that plot to my father/mother? what is the procedure...will i have to get a registered deed done and then gift by way of sale deed or can i transfer the allotment itself by way of gift?
(b)will there be any claim by wife on such property in a court proceeding as it was acquired after marriage
(c)if my father further sells the plot to a third party say after 1-2 months of my gifting the plot to him...is it fine or will it be deemed to be done in malafide
(d)if father thereafter on selling the plot gifted by me, gifts the amount of money received out of sale back to me...is it fine or will it be seen malafide...and will there be any tax liability on it?
Ashish Kulkarni
01 May 2012 at 10:25
Hi All,
I have few queries regarding my case.I have applied for divorce on the basis of mental cruelty.We both were in the relationship for last 6 years & we have a girl child of age 4.I have clearly given all the information about my emotional sufferings in the petition i filed for the case. I am awaiting the reply for the same from other side.I strongly believe that the other part will not accept their faults & do false allegations against me in the court.My query to the experts is as follows:
1> During the hearing if the Judges are not happy with the explanation which i provided is there any chance that my petition will be rejected by court & i will be forced to continue our relationship.?
2>. If yes is there any way I can appeal to the verdict given by the court.?
3>. In our case The Wife & her parents were responsible for not maintaining my child well during early birth days (2 months of age) resulted into bad health condition & many complications during further childhood.So can the mental torture happened because of this be a strong point in getting divorce. ?
4>. Can i claim the custody of my child because of point 3 ?
Seeking your opinion on this .Thanks in Advance.
gourav arora
01 May 2012 at 10:08
WHAT IS THE PROCEDURE OF DIVORCE. HOW MUCH TIME REMAIN FOR DIVORCE.
wifebetrayed
01 May 2012 at 04:32
I am facing divorce case, I am staying in a different city from where case is filed.
till now, wife and me have not appeared together after medition and consuelling.
day i am present she would not turn up and when she is present i am not there.
now my lawyer is saying next date is evidence stage, till now apart from WS by her and me , there is no statement made or cross examination done.
How can validate if there was any processding in my absense.
I understand there is court dairy which provide details of case, what is legal term for such records and how can i get it.
I doubt my lawyer is not informing me everything.
For example after last date which was one month back, he has told me new date is till not informed by court and it is normal process
also he want me too produce all evidence before court even before girl make statement or provide her evideence
Pooja Bhalla
30 April 2012 at 19:53
my husband of 12yrs deserted me and my children (two kids) over an argument and says he wants a divorce,I made several attempts to reconcile and open a discussion but he is adamant as his family is instigating ,he filed a false police complaint saying I m alchoholic and may kill my children and hence wants their custody as I m mentally depressed ,pls advise as to whether I can file RcR to get him back as all his allegations are ompletely untrue and he has left as I was questioning him on his alleged freindship which he kept hidden with his female collegue ,he says I have been mentally harrassing him since marriage which is completely untrue ,pls advise if I shld file 498a or RcR to get him back ,will appreciate ur earliest reply asap
Sundar
30 April 2012 at 19:29
Dear Learned members,
My wife went home when she was 3 months pregnant and never returned. My efforts for a reconciliation failed. Also their relatives who mediated were not able to convince my wife to return to marital life. She completely deserted me after going to her parent’s home and she delivered a child. Her parents have constantly fuelled and fanned her. After great difficulty I was able to convince her and we moved to separate home near her parent’s home. Even after that there was constant brainwashing by her parent’s. She hardly stayed with me for a month’s time and again got conceived. We already have a girl child who is 1.6 months old. My inlaws convince her for an abortion. In spite of my request not to abort she aborted. Again she went back to her parent’s home and there was no whereabouts for more than 3 months and she again returned. She said that she would scarify everything for the sake of the child and just stayed for one night. My inlaws habituated my kid in AC. The very same night the kid was not able to sleep and she wanted me to drop her at her parent’s place at 2.30 am. The next day morning she came back and said that unless and until I arrange for and washing machine she will not return. She also stopped communicating and stopped my access to my child. She always threatens me saying that even if I move to court the custody of the child will be with her only. I am amazed as all I want is a family and kid and nothing more.
1. I intend to complain against my inlaws for intervening in my family.
2. Hope and pray my wife and kid come back.
3. In case she is not willing to return.
4. Is there possibility that she false case against me and my family with vengeance and revenge?
5. Already, she took all the jewels and other articles with her long time back.
Seeking desperate help.
Best regards,
Sundar
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How do foreign court co-operate indian judgement?
Husband and wife both is Indian citizen. Wife is in abroad having working visa. Wife gets PR visa and then apply divorce in foreign country. Foreign court passes the divorce decree as per their rule. Wife is going to marry with other person in foreign country. Now, as per the law of India, if wife marry with other person, it calls Bigamy. But according to foreign law, she can marry again because she has a divorce decree of the court of that foreign country. What should husband do in this case? What punishment can Indian jurisdiction decide on offence of Bigamy, though wife is in foreign country? How will foreign court co-operate to Indian judgment? Please mention same type of reference cases if you know. Thanks.