LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Divorce & false 498

(Querist) 15 June 2013 This query is : Resolved 
I am a foreigner, 2 & a half years ago I filed for divorce against my Indian wife who filed a false 498 & attempted myrder against me which I was acquitted of after my ex admitted to the learned Judge (her words exactly) "due to cultural differences she filed a false FIR"?????
My 2 questions are;
1. Is my Australian obtained Divorce now valid in India? (I was married in India)
2. Is it worth to persue criminal charges against this monster for filing a false FIR??
Thank You
Adv Archana Deshmukh (Expert) 15 June 2013
It depends upon what ground you have obtained divorce in Australia and whether it was contested or went ex parte. But if you have been married in India then, it is better to obtain a decree in India.
You will be wasting your time in further filing and pursuing criminal cases against your dear wife.
Rajendra K Goyal (Expert) 15 June 2013
Agreed with the views of Adv. Archana ji. No more to add.
Bruce Shiv (Querist) 15 June 2013
Namaste Adv Achana
Thanks for your response. Yes my ex wife did contest the divorce in Auatralia but I was granted the divorce anyway, now how is it best to get the decree in India as I am sure she will contest?
Why is it a waste of time to file criminal charges against her?? It's on Court record that she filed a FALSE - FIR? She admitted her crime!
Advocate Deepak Gupta (Expert) 15 June 2013
If your wife appear and contest case in Australia ( Same ground mentioned in Hindu Marriage Act ) Its accepted it. No need to obtain divorce from Indian Court.If your wife file divorce petition in India- not maintainable .

If you want to initiate criminal proceeding against your wife , file defamation case u/s 499/500 of the IPC .
Adv Archana Deshmukh (Expert) 15 June 2013
If it was a contested divorce then its OK, foreign decrees are valid in India provided the ground is recognized in Indian law.
Its not that easy to secure conviction in criminal cases. Further, you have already spend a good time running around courts. If you are OK with spending some more time in courts for few more years then, go ahead and file criminal cases on your wife.
Bruce Shiv (Querist) 15 June 2013
My exwife did contest divorce in Australia with false filed affidavit via post but did not attend personally
Shantilal Pandya (Expert) 16 June 2013
The decree of divorce in your favor is valid and binding unless successfully got it set aside by a competent court, in that view, you both are no longer husband and wife, the question of your filing criminal or civil case will depend upon your readiness to suffer hazards of courts proceedings involving time consumption incurring expenditure and doing everything needed to fight out a litigation initiated by you and swallow result of the proceedings which may not be suitable to you .please bear in mind that the findings of the criminal court in which you are acquitted are not binding in a different litigation which you intend to initiate.and the case which you want to file will have to be proved by you through the independent evidence.
Bruce Shiv (Querist) 16 June 2013
Namaste Pandyaji so can my divorce be notorised here in India so that it is recognised here? Or will my exwife also need to attend same court? Thank You
Bruce Shiv (Querist) 16 June 2013
Namaste Pandyaji so can my divorce be notorised here in India so that it is recognised here? Or will my exwife also need to attend same court? Thank You
Bruce Shiv (Querist) 16 June 2013
Any learned Advocates out there interested in taking on a case against false 498 & false FIR to put the criminal responsible behind bars? It's about time the tide is turned to bring these women miss using this law against innocent men, no where can you get away with such evil crimes except India
V R SHROFF (Expert) 16 June 2013

AS SHE did contest divorce in Australia, IT IS VALID IN INDIA .

As rightly advised, do not waste time, money and energgy to file fdalse affidavit & false FIR.
Provision is there in India, but process is lengthy,. need Witnesses, [ strict proof, if u have, then carry on, otherwise not recommended]
ajay sethi (Expert) 16 June 2013
you have not mentioned the grounds on which you obatined divorce decree in australia . if you have obtained divorce on grounds of irreviterable break down of marriage the divorce would not be valid in india . better file for divorce in india on grounds recognised under HMA . since your wife has filed false 498A and you have been acquitted file for divorce on grounds of cruelty . filing of flase 498A amounts to curelty and is ground for divorce
Bruce Shiv (Querist) 16 June 2013
Namaste Ajayji
Yes the Australian divorce was in fact on the grounds of irreviterable differances & breakdown. So how much time & nonsense can I expect getting a decree on cruelty for an Indian divorce & where would that have to be conducted? I fear for my safety going back the state in which this evil creature lives, as she had paid off the police once before already & sent them on a cross country chase to hunt me down but I was able escape, till I snuck into the court in a disguise as the police were patrolling outside to arrest me when I applied for my anticipatory bail

Thank You
Bruce Shiv (Querist) 16 June 2013
Oh & I am 110% sure she would contest that cruelty grounds divorce

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Post a Suggestion for LCI Team
Post a Legal Query