Divorce
sasha
(Querist) 12 May 2012
This query is : Resolved
i was married to an engineer in korea .at the time of my marriage my husband was not divorced .we went to korea and my marriage was registered there.my husband was brutal to me .he used to beat me up and i hav the proof of it as well.two years back i came back from korea with my son . i never went back .
about 4 months back i started the case of maintainance .nobody till date has appeared in the court .insted he has sent me divorce papers from korea . i hav no idea wat to do .i hav no money to fight my case in korea. he wants my son . he has not even seen my son for last two years neither he has supported him .tell me wat to do.
Adv.R.P.Chugh
(Expert) 12 May 2012
Dear Querist,
1. Your marriage may be void on account of having married an already married man (Please disclose the religion you are governed by)
2. Even believing it to be a void marriage, you are still entitled to maintenance for yourself and the child (can be filed in India)
3. Even if marriage is void - the child is legitimate and would inherit.
4. I wonder why Divorce has been filed when the marriage is void, if it is not - even then you need not hire an advocate in Korea, if the Korean Court goes ahead to pass an ex parte decree - it would be of little validity in India.
Feel free to talk with complete facts and a copy of notice that you've receieved.
SAINATH DEVALLA
(Expert) 12 May 2012
Sashaji,
In addition to Mr Chugh, I am adding the following:
You were married according to the Korean Marriage laws,as per article 809 of the Korean civil code,which regulates marriages.Is your husband a Korean citizen?
If your husband has sent you the divorce papers from Korea,he must have apllied for divorce there.Has your lawyer responded to it?Kindly come out with the details.
For your information I am giving you the divorce procedure in Korea.
Grounds for Divorce in Korea:
A divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Code. Both spouses need to agree and appear in court in Korea.
Alternatively, the grounds for a judicial divorce in Korea are:
1. An unchaste act (adultery); 2. Malicious desertion;
3. Extreme maltreatment by the other spouse or by his/her lineal ascendants;
4.extreme maltreatment of one spouse's lineal ascendant by the other spouse;
5. When the death or life of the spouse has been unknown for three years; or
6. Any other serious reason for which it is difficult to continue the marriage.
There is no provision for a no-fault divorce (except for a divorce by agreement between the parties).
The Korean judicial divorce process is a fault-based contest between a wrongdoer and the wronged. The courts reason that a guiltless spouse should not be forced into an unwanted divorce. Korean legal scholars supporting the fault-based system generally cite the following reasons: Granting a divorce to the party at fault goes against Confucian morality (doei), and may encourage the husband to arbitrarily abandon his wife, as was the practice in the past. Moreover, by forcing a couple to stay in marriage, it is believed that a wife will be able to continue to use the common property and receive support.
The standards that govern divorce and child custody in Korea are extremely subjective and the judges are vested with great discretion. The standards are very flexible. In the Korean system, the judge is intended to be a parent to the public, who is benevolent, lenient, and wise.
Shonee Kapoor
(Expert) 12 May 2012
There are multiple issues here, which need clarification:
1. What is religion of both of you?
2. What is your nationality?
3. What is his nationality?
4. Whether he is divorced now?
Unless these things are clarified, right legal opinion is not possible.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 13 May 2012
1. What is religion of both of you?
2. What is your nationality?
3. What is his nationality?
4. Whether he is divorced now?
5. When did you know that he is already married?
6. Whether any cruelity complaint was made to Korean police?
7. How and where did the marriege take place?
Based on half facts the advise may be incorrect.
V R SHROFF
(Expert) 13 May 2012
The custody of illegitimate son will be of mother, and son is entitled for Maintenance.
u can also claim mtn & residence, provided u prove u lived together as h-w.
