Divorce related

lancy (Querist) 17 April 2012 This query is : Resolved
thax for your reply for my previous query.now i clealry mention my application,as i filed divorce petition in 2010 sept on cruelty and deserted ground.and sent notices to my wife after 2 reminders she didnt reply anything,and i appeared in court in sept 2011 that is after one year of divorce petition.and after my statement the order passed and in the order judge cancelled divorce and on pen she has wriiten seperation and signed.and until now my wife doesnt know it nor they appeared in court.but before one week of judgement order she filed false 498A case on me and all my family members.and during that time i was in india only but the police tried to arrest me but as i had no leave i back to abroad same week,if i apply for bail n all it takes many days so i didnt go for all.and now that case transfered to my area station from wifes place as she filed it in her place.last week my wife appeared in police station and now she told only my husband n my brother harrased her.but its all absolutely false also she told we filed case coz he filed for divorce but police not recorded it.butmy question 1) wen i go to india next time is it possible to ask for anticipetary bail from abroad thru my advocate there or i have to be there in india for it? 2)if the order is only for seperation then after one year of seperation order that same case will be considered as divorce r i have to file one more for divorce? 3) as i had doubt over that order so my family asked many other advocates but all say this is divorce only how? really i am confused.4) even i reminded my advocate saying this is not divorce only seperation but he says no yu can remarry after 3months of getting this order.but next i go india after 1year of this order so what will be my next step? i am really worried.plz advice

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Shonee Kapoor (Expert) 17 April 2012
1. You can get AB from abroad itself by appointing an effective lawyer.

2. You would have to file for divorce after one year of JS Decree.

3. I think there is some confusion. W/o seeing the order, nothing can be said, it might as well be the divorce decree in your hand.

4. Worrying won't help. Read the order, if it mentions Judicial Seperation it is not divorce, regardless of what your advocate says.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

lancy (Querist) 17 April 2012
thank you sir and i will attach my order copy next time for your reference.as now i dont have the copy in hand as its in india with my brother.for dowry false case 498A if police chargesheet falsely by taking bribe from my wife still we can defend in court and police cant prove it right?as whatever my wife says only verbal but i have some sms ,voice record and some evidence of people nothing has happened what she says.

ajay sethi (Expert) 17 April 2012
madam

as advised by shonnee produce copy of order .

there are number of lawyers in karntaka . take a second opinion .