Divorce
Avi
(Querist) 01 September 2013
This query is : Resolved
Hello Experts,
We have filed a mutual consent divorce petition due to incompatibility, yet to get the decree. I have the following questions. Please help.
1- In case my wife files any cases against me like DV or 498a, can i still be allowed to travel abroad for work? Will it create any obstacle in my US/Canada visa processing if i get arrested and get a bail after that?
2- Can my wife's side file any cases against me and my family even after the decree is passed? (i.e. after we are legally separated as husband and wife). Will the wife still have legal rights to file cases against ex-husband?
My case is in Bhubaneswar, Orissa.
Devajyoti Barman
(Expert) 01 September 2013
1. It will depend upon whether the court imposes any restriction on your foreig travel.
2. No
R.K Nanda
(Expert) 01 September 2013
agree with experts.
Avi
(Querist) 02 September 2013
My wife left me after 3 months of marriage because she had an extra marital affair. I didn't file any Adultery/Infidelity cases against her. That's because the seniors in my family and even my lawyer asked me to remain calm and just get a divorce.
According to them, Indian law is PRO-WOMEN. So, even if i provide strong evidence in the court, i cant win the case. The judge will always support her. Or, they can put 10 other false cases against me and ultimately i will be forced to withdraw my case.
1- Should i stay calm now, silently get a divorce and file an Adultery case after getting the decree? Will it be valid at that time?
They have ruined my life. There are has to be some way to teach them a lesson?
2- After we get the decree in the local family court, can my wife go to a higher court and ask to cancel the decree so that she can harass me in some other way?
Guest
(Expert) 02 September 2013
Everything is possible in love and war. But adultory, you will have to prove beyond any doubt.
Raj Kumar Makkad
(Expert) 02 September 2013
I do endorse the advice of Shri Dhingra ji.
ajay sethi
(Expert) 02 September 2013
just get divorce by mutual consent . forget about filing adultery case .
