Foreign National 125crpc
Guest
(Querist) 07 January 2015
This query is : Resolved
All parties us citizen and divorced occured
Devajyoti Barman
(Expert) 07 January 2015
Please oblige us by taking pain to post query in some detail so we have to take less pain to understand your query.
Guest
(Querist) 07 January 2015
In 2011 girl lodged case 125 crpc in 2013 and the girl is wirking in US lives in US last 12 years i also live in US since got remarried but these frivlous cases are beenput their.
now Magistrate asked me to come and was not able to come but she came for holidays and judge passed order yesterday asked me to pay 100000 for ticket and come next hearing otherise would dismiss my case.
Please advise what can i do ? I dont have money to pay that amount
We have been arguing the case on jurisdiction both parties domiciled in US ?
Guest
(Querist) 07 January 2015
In 2011 girl lodged case 125 crpc in 2013 and the girl is wirking in US lives in US last 12 years i also live in US since got remarried but these frivlous cases are beenput their.
now Magistrate asked me to come and was not able to come but she came for holidays and judge passed order yesterday asked me to pay 100000 for ticket and come next hearing otherise would dismiss my case.
Please advise what can i do ? I dont have money to pay that amount
We have been arguing the case on jurisdiction both parties domiciled in US ?
Guest
(Querist) 07 January 2015
Sorry had some technical issues
Guest
(Querist) 07 January 2015
divorce iccured in US in presence of girl at time of marriage we were US citizens only
V R SHROFF
(Expert) 07 January 2015
why court need personal presence?? why need transport etc??
u prove she is working, so can travel at her own cost..& u r unable to provide 1L.
Let court order anything, you go in appeal on the order if passed..
ur advocate must argue out..
Guest
(Querist) 07 January 2015
Girl lawyer keeps on lying that divorce not valid as marriage in india.Sc judgemet very clear if parties domiciled outside india HMA not applicable.
We Only came for marriage india because of my parents and total stay 4 days and never visited india after that.
Magistrate wanted to see both of us i couldn't make it due to job commitments.
Lawyer kept of telling magistrate divorced already girl is working which she herself admiited , but not wiiling to listen adamant that girl came the boy didnt come hence inconvience to girl ... We kept on saying first u to decide valudity if the case or not ..biased judge
So please advise remedy ??
Devajyoti Barman
(Expert) 07 January 2015
Your query does not appear to have given full details.
In 125 cases of husband is absent the court can pass ex parte judgement.
If you are aggrieved by the order, then challenge it in higher court.
Divorce is ground to avoid maintenance nor your citizenship.
Guest
(Querist) 07 January 2015
What details u are after ?
We dint reside in India all legal aspects of relationship got terminated after divorce to which girl was party to.
To abuse process of law after 2 years of divorce girl goes to india through mother lodged 125 case in 2013
I engage lawyer and fight on grounds validity of petition all parties reside in US and why greivances she taking india when she doesnt live or work there .. Is that enough details ?
Guest
(Expert) 07 January 2015
Mr. Goyal,
Any casual type of query may not help experts to form any specific opinion to guide you.
Description of your case should be in chronological order in brief with country, state and place of events right from marriage onwards, including divorce background, if happened, as well as comparative earning of both of you.
Rajendra K Goyal
(Expert) 07 January 2015
If aggrieved, go for an appeal.
Consult local lawyer and show him full case file.
Guest
(Querist) 08 January 2015
Breif Facts of Case
At time of marriage both parties US citizens domicled there since 2003
Girl works fulltime in US earning $85000 and is permanently residing makes occasional trips in Dec holiday time.
Her mother also US citizen lives in India and has been given POA she pususing these false cases.
Marriage occured in Delhi 2008 total stay 4 days
Separated in 2010
Divorce in 2011 under presence of Wife she was served documents
No Appeal lodged in India or US against the divorce ever.
I got remarried in 2012
Wife lodged in March 2013 -125 and DV and Bigamy in Delhi
My parents reside in Delhi who only stayed with girl 4 days before that never met the girl.
Dv case dismissed in June 2014 other party put reappeal in session so we are fighting still hasnt had any relationship with girl since Jan 2010.
125 crpc - lodged are replys with income details and provided a proof girl income at time she was living with myself .
Oct 14 Magistrate asked us both parties to appear next hearing. I due to job commitment couldnt come as leaving would have meant losing my job as been sole earner looking after my wife and a child and had advised the magistrate can come in March 2015.
Jan 2015 -125 hearing judge was biased has asked me to pay girls ticket 1 lac as she has come and in March 15 he would decide about the case my lawyer hasd submitted all documents -Divorce, and my income details as dont have any assests or income in India and was asking judge to first decide the jurisdiction of the case and also ticket doesnt cost more than 45000 but still he just didnt wanted to listen.
Hope these above details are enough for experts to provide me a advise to how further should i proceed ?
As i want to stop this harrasment none of parties reside in india and these cases are going on in India.
Please help
